IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6595 of 2009() ------------------------------------ C.R.NO. 42/2009 OF ANGAMALY EXCISE RANGE .......................... PETITIONER/ACCUSED NO.2: -------------------------------------------- SHABU, S/O.CHANDRAN, AGED 36 YEARS, KARIMBANAKKAL VEEDU, ADICHILI DESOM, MELOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. P.A.SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6595 of 2009 ------------------------------------ Dated this the 12th 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 second accused in C.R. No.42/2009 of Angamaly Excise Range. 2. The offence alleged against the petitioner is under Section 55(a)(g) of the Abkari Act. 3. The prosecution case is that on 12/10/2009, the Excise party conducted a search in a place near the river bank and found that the accused persons were manufacturing illicit arrack. A quantity of 35 litres of arrack and the utensils and implements for distilling arrack were seized. The petitioner was arrested on 12/10/2009 and he was remanded to judicial custody. 4. Application for bail filed by the petitioner was dismissed by the learned Sessions Judge by the order dated 2/11/2009. The investigation has progressed much thereafter. 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 B.A. No. 6595/2009 2 petitioner. 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-II, Aluva 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