IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 3181 of 2009 O.R.NO.62 OF 2009 OF ADOOR EXCISE RANGE, NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, ADOOR PETITIONER/ACCUSED -------------------------------------- SADANANDAN, S/O. RAGHAVAN, AGED 44 YEARS KANJIRAVILLA VADAKKETHIL VEEDU, THEMGAMAM MURI, PALLICKKAL VILLAGE ADOOR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3181 OF 2009 A ------------------------------------------------------ Dated this the 15th June, 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 accused in O.R.No.62 of 2009 of Adoor Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Kerala Abkari Act. 3. The prosecution case is that on 28.5.2009, the petitioner was found in possession of five litres of coloured arrack. Learned Public Prosecutor submitted that the petitioner is involved in several other cases as well. However, he was granted bail in those cases. 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 B.A. NO. 3181 OF 2009 :: 2 :: for Rs.25,000/- 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, 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 ahz/