IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6965 of 2009 CRIME NO.84 OF 2009 OF PATHANAMTHITTA EXCISE RANGE PETITIONER: ACCUSED: ------------------------------ ANILKUMAR, S/O.OMANA, AGED 32 YEARS VLIYATHEKKE KIZHAKKETHIL VEEDU, CHENNEERKARA MURI, CHENNEERKARA VILLAGE KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6965 OF 2009 ------------------------------------------------------ Dated this the 26th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.84 of 2009 of Pathanamthitta 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 29.7.2009, the petitioner was found in possession of two litres of spirit. The petitioner was arrested on 13.11.2009 and he is in judicial custody. 4. Learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 23.11.2009. It is also submitted that the petitioner is involved in another abkari offence. 5. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature B.A. NO. OF 2009 :: 2 :: 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 and the fact that charge was laid in the case, 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, Pathanamthitta, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/