IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2081 of 2010() ---------------------------------- CMP.1242/2010 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 13/2009 OF CHADAYAMANGALAM EXCISE RANGE .................... PETITIONER/ACCUSED : ----------------------------- SHAJI, S/O.DIVAKARAN, SHAIJU BHAVAN, UMMANNOOR VILLAGE, UMMANNOOR, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT: ------------------------------------ 1. STATE OF KERALA REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE CHADAYAMANGALAM, KOLLAM DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010 ALONG WITH B.A.NO. 2086/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. Nos. 2081 & 2086 of 2010 ----------------------------------------- Dated this the 8th day of April, 2010 O R D E R These Bail Applications are filed by Shaji, who is accused in Crime No.13/2009 and 61/2009 of Chadayamangalam Excise Range, under Section 439 of the Code of Criminal Procedure. 2. Bail Application No. 2081/2010 relates to Crime No. 13/2009. The offence alleged therein is under Section 8(1)(2) of the Abkari Act. The allegation is that on 03.02.2009, the petitioner was found in possession of 9 litres of arrack. The petitioner was arrested on 26.03.2010 and he was remanded to judicial custody. 3. Bail Application No. 2086/2010 relates to Crime No. 61/2009. The offence alleged therein is under Section 55(a) of the Abkari Act. The allegation is that on 10.11.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of four litres of Indian Made Foreign Liquor was seized. The petitioner could not be arrested as he ran away. The petitioner was arrested on 26.03.2010 and he was remanded to judicial custody. B.A. Nos. 2081 & 2086 of 2010 2 4. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court. The petitioner also undertakes that he will not commit any offence of similar nature while on bail in these cases. This undertaking is recorded. 5. 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 also the undertaking, 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.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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. B.A. Nos. 2081 & 2086 of 2010 3 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 ln