IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1156 of 2010() ----------------------------- CR NO.3/2010 OF OTTAPALAM EXCISE RANGE .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- KUTTAN @ RAMESH, AGED 42 YEARS, S/O. NARAYANAN, KARUVALITHODI VEEDU, CHERPULASSERY VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, OTTAPALAM, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1156 of 2010 --------------------------------------------- Dated this the 8th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in CR No.3 of 2010 of Ottapalam Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 9.2.2010, accused Nos.1 and 2 were found dealing with 90 litres of toddy and 20 litres of liquid alleged to be spirit in the house in the possession of accused No.1. It is also alleged that a lorry licensed to carry toddy was also seen parked near the house. The petitioner was arrested on 9.2.2010 and he was remanded to judicial custody. 4. It is submitted that accused No.2 was granted bail by the learned Sessions Judge. 5. The learned counsel for the petitioner submitted that the petitioner is not involved any other case of similar nature. 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 BA No.1156/2010 2 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ottapalam, 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; 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