IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6403 of 2009 C.R.NO.115 OF 2009 OF PATHANAPURAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- MURALEEDHARAN PILLAI, S/O.RAMACHANDRAN PILLAI, KOTTARA THEKKETHIL VEEDU, NEDUVANOOR MURI, PIDAVOOR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, EXCISE INSPECTOR, PATHANAPURAM EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6403 OF 2009 ------------------------------------------------------ Dated this the 10th day of November, 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 C.R. No.115 of 2009 of Pathanapuram Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 23.10.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 4.1 litres of Indian Made Foreign Liquor was seized. The petitioner was arrested on 23.10.2009 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail. This undertaking is recorded. B.A. NO. 6403 OF 2009 :: 2 :: 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 and also considering the undertaking given by the petitioner, I am of the view that bail can be granted to the petitioner. 6. 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 – III, Punalur, 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 ahz/