IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4347 of 2009 ----------------------------- (CRIME NO.79/09 OF ADOOR POLICE STATION) .................... PETITIONER/1ST ACCUSED: ------------------------------ CHANDRAN, AGED 48 YEARS, S/O.VELAYUDHAN, PEEDIKAYIL PADIJATTATHIL VEEDU, MUDIYOORKONAM MURI, PANDALAM VILLAGE, ADOOR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4347 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2009 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 Crime No. 79 of 2009 of the Adoor 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 17.07.2009, the petitioner along with other accused were found transporting 30 litres of arrack. Petitioner was arrested on 17.07.2009 and he is in judicial custody. 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/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor, B.A. No.4347 OF 2009 -:2:- 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 ttb B.A. No.4347 OF 2009 -:3:-