IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 1268 of 2010 CRIME NO.502 OF 2009 OF EZHUKONE POLICE STATION PETITIONER/ACCUSED -------------------------------------- SURESH, S/O.SUNDARAN, CHARUVILA PADINJATTATHIL VEEDU, KAITHAKODU MURI, PAVITHRESWARAM VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: RESPONDENTS/COMPLAINANT/STATE -------------------------------------------- 1. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOTTARAKARA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, ALONGWITH B.A.NO.1271 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.1268 & 1271 OF 2010 ------------------------------------------------------ Dated this the 10th day of March, 2010 O R D E R These Bail Applications under Section 439 of the Code of Criminal Procedure are filed by Suresh, who is the accused in Crime No.83 of 2009 of Ezhukone Excise Range and Crime No.502 of 2009 of Ezhukone Police Station. 2. Bail Application No.1271 of 2010 relates to Crime No.83 of 2009. The offence alleged therein is under Section 8(1) and (2) of the Abkari Act. The allegation is that on 20.08.2009, the petitioner was found in possession of 20 litres of arrack. The petitioner was arrested on 8.01.2010 in connection with Crime No.502 of 2009 of Ezhukone Police Station. His formal arrest was recorded in Crime No.83 of 2009 on 13.01.2010. 3. Bail Application No.1268 of 2010 relates to Crime No.502 of 2009 of Ezhukone Police Station. The offence alleged therein is under Section 8(1) and (2) of the Abkari Act. The prosecution case B.A. NOS.1268 & 1271 OF 2010 :: 2 :: is that on 21.08.2009, the petitioner was found in possession of seven litres of arrack. The petitioner was arrested on 08.01.2010 and he is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in eight other cases of similar nature. 5. The petitioner had filed B.A.Nos.733 of 2010 and 735 of 2010 on an earlier occasion. Those Bail Applications were dismissed by the order dated 11th February, 2010, on the ground that the petitioner is involved in other cases. 6. The petitioner is in judicial custody since 8.1.2010. I am of the view that in these circumstances, the petitioner can be released on bail on stringent conditions. 7. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in these cases. The above undertaking is recorded. 8. The petitioner shall be released on bail on his executing B.A. NOS.1268 & 1271 OF 2010 :: 3 :: bond for Rs.25,000/- in each case 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 in Crime No.83 of 2009 of Ezhukone Excise Range between 9 A.M. and 11 A.M. on every Wednesday and before the investigating officer in Crime No.502 of 2009 of Ezhukone Police Station between 9 A.M. and 11 A.M. on every 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/