IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3821 of 2009 CR.NO.2 OF 2007 OF EXCISE RANGE, NEYYATTINKARA CMP.2608/2009 of J.M.F.C.-I,NEYYATINKARA PETITIONER/ACCUSED -------------------------------------- MANIYAMBARAN @ MANOHARAN, AGED 32 YEARS S/O. KUTTAPPAN, AYIKKULATHU CHEMMANNUVILA VEEDU SASTHAMKONAM, VADAKODU DESOM, PERUMPAZHUTHOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, NEYYATTINKARA RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3821 OF 2009 ------------------------------------------------------ Dated this the 16th July, 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.2 of 2007 of the Excise Range, Neyyattinkara. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of five litres of arrack on 25.1.2007. The petitioner surrendered before the learned Magistrate on 24.6.2009 and he was remanded to judicial custody. It is submitted by the learned Public Prosecutor that the petitioner is involved in other cases as well and that he was absconding after the incident in the present case. 4. 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. 3821 OF 2009 :: 2 :: 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 – I, Neyyattinkara, 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 and Fridays 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/