IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5392 of 2009() ----------------------------- CR NO.70/09 OF EXCISE RANGE, CHENGANNUR .................... PETITIONER/ACCUSED -------------------------------------- SUNIL RAJAN, AGED 31/09, S/O.KRISHNANKUTTY, THARAYIL VEEDU, KOTTAYAM MURI, PANDANAD VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.ISSAC NINAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5392 of 2009 --------------------------------------------- Dated this the 24th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.70 of 2009 of Excise Range, Chengannur. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 29.7.2009, the accused was found in possession of 1.5 litres of arrack. He was arrested on 29.8.2009. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other cases of a similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in this case. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of BA No.5392/2009 2 investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl