IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1451 of 2010 O.R.NO.154 OF 2009 OF ADOOR EXCISE RANGE PETITIONER/ACCUSED NO.3 ------------------------------------------- GEORGEKUTTY, AGED 36 YEARS,,S/O.KUTTY, CHARUVILAVADAKKETHIL, THUVAYOOR NORTH WARD, ERATHU VILLAGE, ADOOR TALUK. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT -------------------------- THE 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 11/03/2010, ALONGWITH B.A.NO.1453 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 1451 & 1453 OF 2010 ------------------------------------------------------ Dated this the 11th day of March, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner, Georgekutty, is accused No.3 in O.R.No.154 of 2009 and the sole accused in O.R. No.23 of 2010 of Adoor Excise Range. B.A.No.1451 of 2010 relates to O.R.No.154 of 2009, while B.A.No.1453 of 2010 relates to O.R.No.23 of 2010 of Adoor Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. In O.R.No.154 of 2009 it is alleged that on 8.12.2009, the petitioner along with the other accused were found in possession of 9.45 litres of arrack. The case in O.R.No.23 of 2010 is that on 25.2.2010, the petitioner was found in possession of 4.250 litres of arrack. The petitioner was arrested on 25.2.2010 in O.R.No.23 of 2010. The arrest of the petitioner was recorded in O.R.No.154 of B.A. NOS. 1451 & 1453 OF 2010 :: 2 :: 2009 on the same date. The petitioner is in judicial custody since 25.2.2010. 4. 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 investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing 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, Adoor, 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 and Thursdays for a period of two months and thereafter, 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; B.A. NOS. 1451 & 1453 OF 2010 :: 3 :: 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/