IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7179 of 2009() ----------------------------- CRIME NO.53/2009 OF KOTHAMANGALAM EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- MARTIN PAULOSE BABY, S/O.BABY CHERIAN, VELLAMKANDATHIL HOUSE, KAVALANGADU, KUTTAMANGALAM VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (EXCISE INSPECTOR, KOTHAMANGALAM), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7179 of 2009 --------------------------------------------- Dated this the 15th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.53 of 2009 of Kothamangalam Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) & (b) of the Abkari Act. 3. The prosecution case is that on 7.11.2009, the petitioner was found in possession of 15 litres of spirit in a Maruti Omni Van. The excise party searched his house and they found 117 empty bottles and certain printed labels. The petitioner was arrested on 7.11.2009 and he was remanded to judicial custody. 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 submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.7179/2009 2 petitioner, the nature of the offence and the present stage of investigation and also taking note of the aforesaid undertaking, 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, Kothamangalam, 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 petitioner shall be released from jail only if his detention is not required in respect of any other case. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl