IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 1107 of 2010() ----------------------------------- CMP.476/2010 of J.M.F.C.,NEDUMKANDOM C.R.NO. 17/2010 OF UDUMBANCHOLA EXCISE RANGE. IDUKKI DISTRICT .................... PETITIONER/ACCUSED NO.1 : ---------------------------------- VARGHESE @ VAKKACHAN, AGED 48 YEARS, S/O. THOMAS, KARAPARAMBIL HOUSE, SENAPATHY SWARGUMMEDU KARA, KANTHIPPARA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT/COMPLAINANT & STATE : ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, UDUMBANCHOLA EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1107 of 2010 ------------------------------------ Dated this the 4th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R. No. 17/2010 of Udumbanchola Excise Range, Idukki District. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 02.02.2010, the accused persons were found in possession of 64 litres of arrack. On seeing the excise party, accused No.2 ran away. Accused No.1 was arrested on 02.02.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case 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. B.A. No. 1107 /2010 2 6. The petitioner shall be released on bail on his executing 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, Nedumkandam 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, 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 ln