IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3811 of 2009() ----------------------------- CRIME NO.8/2008 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SIVAN PILLAI, S/O.GOPALA PILLAI, AGED 52 YEARS, ANITHALAYAM VEEDU, ERAVICHIRA NADUVILA MURI, SOORANADU SOUTH VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.3811 of 2009 ---------------------------- Dated this the 20th day of July, 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.8 of 2008 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of Abkari Act. 3. The prosecution case is that on 1.2.2008, the petitioner was found brewing arrack. A quantity of 105 litres of wash was seized. The petitioner could not be arrested as he ran away from the spot. The petitioner surrendered before court on 1.6.2009 and he was remanded to judicial custody. 4. Learned public prosecutor submitted that the petitioner is involved in other cases as well. Bail Application submitted by the petitioner as B.A.No.3543 of 2009 was dismissed on 2.7.2009 holding that at that stage, bail could not be granted. Thus, the petitioner is in judicial custody since 1.6.2009. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BA No.3811/2009 2 the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 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, Sasthamcotta, 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