IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1331 of 2010() ---------------------------------- CMP.251/2010 of J.M.F.C.,KATTAKADA CRIME NO. 42/2010 OF NEYYARDAM POLICE STATION .................... PETITIONER/ACCUSED : ------------------------------ SREEJITH @ UNNI @ MANDAN SREEJITH S/O.SREENIVASAN, KARTHIKA NETTUKATHERI, PARUTHIPALLY, KOKKUDIMURY, MANNOORKKARA VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010 ALONG WITH BA NO. 1388 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1331 & 1388 of 2010 ------------------------------------ Dated this the 18th day of March, 2010 O R D E R The petitioner in both these cases is Sreejith @ Unni @ Mandan Sreejith, who is accused of having committed an offence under Section 55(g) of the Abkari Act in both the cases. These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. 2. Bail Application No. 1388/2010 relates to Crime No. 55/2009 of Excise Range, Aryanad. The prosecution case is that on 30.05.2009, the petitioner was found in possession of 250 litres of wash. The petitioner was arrested by Neyyardam police in another case and his formal arrest was recorded in the present case on 25.02.2010. 3. Bail application No. 1331/2010 relates to Crime No. 42/2010 of Neyyardam Police Station. The case therein is that on 16.02.2010, the petitioner was found in possession of 600 litres of wash. The petitioner was arrested on 16.02.2010. 4. The petitioner is in judicial custody in the aforesaid cases. B.A. No. 1331 & 1388 of 2010 2 5. The learned Public Prosecutor submitted that the petitioner was involved in an abkari offence in 2007 also. At present, he is the accused in two abkari offences. 6. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any similar offence while on bail in the present cases. 7. 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 also the undertaking, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 and Thursdays for two months and thereafter on 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. B.A. No. 1331 & 1388 of 2010 3 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 Applications are allowed as above. K.T. SANKARAN, JUDGE ln