IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1750 of 2010() ---------------------------------- CMP.406/2010 of J.M.F.C.,KATTAKADA CRIME NO. 14/2010 0F KATTAKADA EXCISE RANGE .................... PETITIIONER/ACCUSED: ----------------------------- KRISHNANKUTTY @ KEERIKRISHNAN, D/O.DAMODHARAN PANICKER, ROADARIKATHU VEEDU, KURUVILAMUGAL JUNCTION, MACHEL DESOM, MALAYIL VILLAGE, NEYYATTINKARA. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1750 of 2010 ------------------------------------ Dated this the 24th day of March, 2010 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 Crime No. 14/2010 of Kattakada Excise Range. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 11.03.2010, the petitioner was found in possession of 2.5 litres of arrack. He was arrested on the same date. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in another case of the same nature registered in 2007. 5. The learned counsel for the petitioner submitted 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 B.A. No. 1750 of 2010 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the undertaking , I 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, Kattakada 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 ln