IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 7138 of 2009 C.R.NO.20 OF 2009 OF PERAVOOR EXCISE RANGE, KANNUR PETITIONER: ACCUSED --------------------------- KOLLAMPARAMBATH SHINU, S/O. BALAN, KOLAYAD AMSOM, ALACHERY DESOM, THIRUKULAM KUNNATH BHAGATH. BY ADV. SRI.V.BINOY RAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7138 OF 2009 ------------------------------------------------------ Dated this the 4th day of December, 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.20 of 2009 of Peravoor Excise Range, Kannur District. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 27.10.2009, the petitioner was found in possession of 85 litres of Wash. The petitioner was arrested on the same day and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that, after completing the investigation, charge sheet was filed on 25.11.2009. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 7138 OF 2009 :: 2 :: the nature of the offence, the present stage of investigation and also the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koothuparamba, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/