IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5174 of 2009 C.R.NO.80 OF 2009 OF CHENGANNUR EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- RATHEESH, S/O. RAVEENDHRAN, AGED 30 YEARS, THARAYIL VEEDUL PRAYAR MURI, PADANADU VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5174 OF 2009 ------------------------------------------------------ Dated this the 15th day of September, 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.80 of 2009 of Chengannur Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 16.8.2009, the petitioner was found in possession of 1.5 litres of arrack. The petitioner was arrested on 16.8.2009 itself and he was remanded to judicial custody. 4. The petitioner moved B.A.No.4926 of 2009 under Section 439 of the Code of Criminal Procedure. That application was dismissed by the order dated 28.8.2009 mainly on two grounds. (1) The petitioner is involved in several other abkari offences and also in B.A. NO. 5174 OF 2009 :: 2 :: another case, in which the offence alleged is under Section 302 of the Indian Penal Code. (2) The petitioner has made a threat to the life of the investigating officer and that the petitioner has made threat to the witnesses. 5. Learned counsel for the petitioner submitted that in the case where the offence involved is under Section 302 of the Indian Penal Code, the petitioner was acquitted. It is also submitted that in the other abkari offences, the quantity involved is not a large quantity. It is further submitted that the petitioner is prepared to abide by any condition that may be imposed by the Court. The petitioner undertakes not to intimidate or threaten the witnesses or the investigating officer, submits the counsel. Learned counsel also submits that the petitioner undertakes not to commit any offence or involve in any prejudicial activity, while on bail. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. B.A. NO. 5174 OF 2009 :: 3 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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, Wednesdays and Saturdays, 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/