IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4771 of 2009 ----------------------------- CRIME NO.29 OF 2009 OF THIRUPURAM EXCISE RANGE CMP.3693/2009 of J.M.F.C.-I,NEYYATINKARA PETITIONER/ACCUSED -------------------------------------- MURALI @ MURALEEDHARAN,S/O.NARAYANAN, THANNIMOODU,THOPPUVILAKATHU VEEDU,ATHIYANNOOR VILLAGE AND DESOM,NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL 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 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4771 OF 2009 ------------------------------------------------------ Dated this the 26th 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 the accused in Crime No.29 of 2009 of Thirupuram 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 25.7.2009, the petitioner was found in possession of five litres of arrack. The petitioner was arrested on the same date and he is in judicial custody since then. 4. Learned Public Prosecutor submitted that the petitioner is involved in twelve other cases. Learned counsel for the petitioner submitted that if the petitioner is granted bail, he will not indulge in any prejudicial activity including involvement in similar offence. 5. 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 B.A. NO. 4771 OF 2009 :: 2 :: of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, Tuesdays and Fridays for a period of two months and thereafter on every Monday, 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/