IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5966 of 2009() ----------------------------- CRMP.3606/2009 of J.M.F.C., ADOOR O.R. NO. 123/2009 OF ADOOR EXCISE RANGE. .................... PETITIONER/ACCUSED (IN CUSTODY): ----------------------------------------------------------- SOMAN,S/O.THANKAPPAN,KUZHIVILAYIL VEEDU, PUTHANKARA MURI,ENADIMANGALAM VILLAGE,ADOOR TALUK. BY ADV. SRI.G.HARIHARAN SRI.V.RAVEENDRAN RESPONDENTS/STATE AND COMPLAINANT : ------------------------------------------------------------------ 1. STATE OF KERALA,REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR,ADOOR EXCISE RANGE, ADOOR,PATHANAMTHITTA DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON 13/10/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5966 of 2009 ------------------------------------ Dated this the 13th day of October, 2009 O R D E R This Bail Application was ordered to be posted on 14/10/2009. Today, a submission is made on behalf by the learned counsel for the petitioner that the father of the petitioner died in the night on 12/10/2009. Therefore, this Bail Application is taken up today itself and it is being considered and disposed of. 2. This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in O.R.No.123/2009 of Adoor Excise Range. 3. The offences alleged against the petitioner are under Sections 8(1)&(2) and 55(b) & (g) of the Abkari Act. 4. The prosecution case is that on 23/9/2009, the petitioner was found in possession of 30 litres of wash and 5.600 litres of arrack. It is also alleged that the petitioner was in possession of the utensils and apparatus for distillation of arrack. The petitioner was arrested on the spot and he was remanded to judicial custody on 24/9/2009. 5. Taking into account the facts and circumstances of the B.A. No. 5966/2009 2 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. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class,Adoor 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