IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4986 of 2009() ----------------------------- CMP.10387/2009 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO. 150/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM .................... PETITIONER/ACCUSED: -------------------------------------- MANOJ, S/O.MOHANAN, MEENATHU VADAKKETHIL, VENGARA MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA REP.THE EXCISE RANGE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4986 of 2009 ------------------------------------ Dated this the 28th day of August, 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 Crime No. 150/2009 of Karunagappally Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55 (i) of the Abkari Act. 3. The prosecution case is that on 18.8.2009, the petitioner was found in possession of 600 ml of Indian made foreign liquor intended for sale. The petitioner was arrested on the spot and he is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in 3 other cases. Learned counsel for the petitioner submitted that if bail is granted to him, the petitioner is prepared to abide by any condition that may be imposed by the court. The petitioner submits that he will not indulge in any prejudicial activities and will not commit any offence of similar nature. B.A. No. 4986 of 2009 2 4. Taking into account the fact 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. 5. 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, Karunagappally 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 Thursdays, 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 B.A. No. 4986 of 2009 3 conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln