IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6730 of 2009 C.R.NO.42 OF 2009 OF CHADAYAMANGALAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- BIJU, S/O.DANIEL, MOTTAIKADU THEKKETHIL VEEDU, CHEKKOTTUKONAM MURI, UMMANNOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, ALONG WITH B.A.NO.6738 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.6730 & 6738 OF 2009 ------------------------------------------------------ Dated this the 30th day of November, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner in B.A.No.6730 of 2009 is the accused in C.R. No.42 of 2009 and the petitioner in B.A.No.6738 of 2009 is the accused in C.R.No.55 of 2009 of Chadayamangalam Excise Range, Kollam District. 2. The offence alleged against the accused in C.R.No.42 of 2009 is under Section 55(a) and (i) of the Abkari Act and the offence alleged against the accused in C.R.No.55 of 2009 is under Section 8 (1) and (2) of the Abkari Act. 3. The prosecution case in C.R.No.42 of 2009 is that on 1.8.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 2.570 litres of Indian Made Foreign Liquor was seized from the petitioner. The petitioner surrendered before Court on 26.10.2009 and he was remanded to judicial custody. B.A. Nos.6730 and 6738 OF 2009 :: 2 :: 4. The prosecution case in C.R.No.55 of 2009 is that on 7.10.2009, the petitioner was found in possession of seven litres of arrack. The petitioner surrendered before Court on 26.10.2009 and he was remanded to judicial custody. 5. It is submitted by the learned Public Prosecutor that the petitioner is involved in seven other cases of similar nature. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, if bail is granted to him in these two cases. This submission is recorded. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kottarakkara, subject to the following conditions: B.A. Nos.6730 and 6738 OF 2009 :: 3 :: 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/