IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 6023 of 2009() ------------------------------------------- CRMP.6343/2009 of J.M.F.C.-I,PATHANAMTHITTA EXCISE CRIME NO. 93/2009 OF PATHANAMTHITTA EXCISE RANGE. .................... PETITIONER/ACCUSED: ------------------------------------ SAHIDRAYAN, AGED 54 YEARS, S/O. NADARAJ, MANNIL HOUSE, THUNDUPLAVU, KARAYIL, ELAVUMTHITTA, MEZHUVELIVILLAGE, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. THE EXCISE INSPECTOR,PATHANAMTHITTA EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6023 of 2009 ------------------------------------ Dated this the 20th day of October, 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 Excise Crime No.93/2009 of Pathanamthitta 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 16/8/2009, the petitioner was found in possession of 9 litres of arrack. The petitioner surrendered before the court on 19/9/2009 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. This undertaking is recorded. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 6023/2009 2 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-I, Pathanamthitta 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 scm