IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6879 of 2009() ----------------------------- O.R.NO.90/2007 OF ADOOR EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- VIJAYAN, AGED 39 YEARS,S/O.ACHUTHAN, CHAVARUKANDATHIL VEETTIL, ATTUVASERRI VILLAGE,ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, ADOOR EXCISE RANGE,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6879 of 2009 --------------------------------------------- Dated this the 26th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in O.R.No.90 of 2007 of Adoor 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 12.8.2007, the petitioner was found in possession of 5190 litres of wash. It is stated that the accused ran away from the place of incident. The petitioner was arrested on 20.10.2009 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. It is also stated that even according to the prosecution, the wash was found not in the property of the petitioner, but in a bushy area near a water chal. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6879/2009 2 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. 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, Adoor, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday for a period of two months and thereafter, 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 csl