IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7861 of 2009 CRIME NO.109 OF 2009 OF KOTTARAKKARA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- GIREESAN, S/O.SUKUMARAN, AGED 42 YEARS, CHARUVILAPUTHENVEEDU, VADAKODU MURI, THALAVOOR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.K.T.THOMAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7861 OF 2009 ------------------------------------------------------ Dated this the 6th day of January, 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.109 of 2009 of Kottarakkara Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 1.12.2009, the petitioner was found in possession of eight litres of arrack. The petitioner could not be arrested as he ran away. He was arrested on 7.12.2009 in connection with C.R.No.111 of 2009 of Kottarakkara Excise Range. His formal arrest was recorded in the present case on 22.12.2009. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in six other cases of similar nature. B.A. NO. 7861 OF 2009 :: 2 :: 5. Learned counsel for the petitioner submitted 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 – I, 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. 7861 OF 2009 :: 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/