IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Bail Appl..No. 6784 of 2009() ------------------------------------ CMP.7232/2009 of J.M.F.C.-II,NEDUMANGAD C.R.NO. 50/2009 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED: ---------------------------------- MURALEEDHARAN, S/O. SREEDHARAN, SHEEJA BHAVAN, KALLUVARAMPU, URULOMKUNNU, KOTTAKKAKOM MURI, VITHURA VILLAGE, NEDUMANGAD TALUK. BY ADVS. SRI.T.A.UNNIKRISHNAN & SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6784 of 2009 ------------------------------------ Dated this the 20th 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. 50/2009 of Nedumangad Excise Range, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 19/08/2009, the petitioner was found in possession of 5 litres of arrack. The petitioner could not be arrested as he ran away. The petitioner was arrested in connection with C.R. No. 63/2009 on 24/10/2009. His formal arrest was recorded in the present case on 4/11/209. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases of similar nature. 5. The learned counsel for the petitioner submits that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 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 also the undertaking, I B.A. No. 6784 /2009 2 am of the view that bail can be granted to the petitioner. 7. 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-II, Nedumangad 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