IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 5326 of 2009() ------------------------------------------- CR NO.72/2009 OF KOTTARAKARA EXCISE RANGE, KOLLAM. PETITIONER/ACCUSED: -------------------------------------- RAMACHANDRAN,S/O.PARAMU,PARAVILA VEEDU, THRIKKANAMANGAL MURI,KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRI.BEPIN PAUL RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR,KOTTARAKKARA EXCISE RANGE,REPRESENTED THROUGH P.PROSECUTOR,HIGH COURT OF KERALA. SRI.M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5326 of 2009 ------------------------------------ Dated this the 22nd day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in CR.No.72/2009 of Kottarakara Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 17/8/2009, the petitioner was found storing 270 litres of wash. He was arrested on 17/8/2009. The petitioner is in judicial custody. 4. It is submitted by the learned Public Prosecutor on instructions, that the petitioner is not involved in any other offence of similar nature. 5. 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 investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing B.A. No. 5326/ 2009 2 bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara 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 scm