IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4671 of 2009() ----------------------------- CRIME NO.201 OF 2006 OF MAVELIKARA EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- GOPALAKRISHNAN, AGED 40 YEARS, S/O.KUMARAN, KYTHAVILAKIZHAKKETHIL, (PUTHENTHARAYIL) KOYPPALLIKARAZHMA MURI, PERINGALA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT(S): COMPLAINANT -------------------------- KERALA STATE, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, MAVELIKKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4671 of 2009 --------------------------------------------- Dated this the 27th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.201 of 2006 of Mavelikara Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 26.8.2006, the petitioner was found in possession of 90 litres of wash. The petitioner was arrested in connection with C.R.No.36 of 2009 of Mavelikara Excise Range on 23.7.2009. The formal arrest of the petitioner was recorded in the present case on 5.8.2009. 4. Learned public prosecutor submitted that the petitioner is involved in seven other cases. 5. Learned counsel for the petitioner submitted that the petitioner will not commit any offence of a similar nature or indulge in any prejudicial activity, if he is granted bail. It is also submitted that the petitioner is prepared to comply with any conditions that may be imposed by the court. BA No.4671/2009 2 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. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl