IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 340 of 2010 CRIME NO.147 OF 2006 OF KOTTARAKARA EXCISE RANGE, KOLLAM PETITIONER/ACCUSED -------------------------------------- REGHUNADHAN, S/O.KARUTHAKUNJU, SHEENA BHAVAN, KARUVELIL MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT: COMPLAINANT & STATE ---------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE RANGE INSPECTOR, KOTTARAKKARA EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 340 OF 2010 ------------------------------------------------------ Dated this the 4th day of February, 2010 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.147 of 2006 of Kottarakara Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 4.8.2006, the petitioner was found in possession of 240 litres of Wash. The petitioner was arrested on 5.1.2010 and he was remanded to judicial custody. It is stated that the petitioner could not be arrested on the spot as he ran away. 4. Learned Public Prosecutor submitted that the petitioner is involved in C.R.No.278 of 2008 of the Kottarakara Excise Range. He was arrested in that case and his formal arrest was recorded in the present case. B.A. NO. 340 OF 2010 :: 2 :: 5. It is submitted by the learned counsel for the petitioner 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 petitioner, the nature of the offence, the present stage of investigation and also the undertaking made by the petitioner, 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kottarakkara, 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; B.A. NO. 340 OF 2010 :: 3 :: 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 ahz/