IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2760 of 2009() ----------------------------- CMP.5460/2009 of J.M.F.C.-II,KOTTARAKKARA Cr.19/09 OF EZHUKONE EXCISE RANGE PETITIONER/2ND ACCUSED ------------------------------------------ RAJENDRAN PILLAI,S/O.NARAYANAN,RAJ BHAVAN VEEDU,ODANAVATTOM VILLAGE,KOTTARAKKARA TALUK. BY ADV. SRI. K.SIJU RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY EXCISE CIRCLE INSPECTOR,EZHUKONE EXCISE RANGE THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2760 of 2009 ----------------------------------------- Dated this the 23rd May, 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 second accused in Cr.19/09 of Ezhukone 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 18.2.2009 at 5.30 PM, the first accused was found in possession of 7 litres of arrack. The further case is that second accused entrusted the contraband article for sale to the first accused. The petitioner was arrested on 30.4.2009 and was produced before the Magistrate on 1.5.2009. The petitioner is continuing 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. BA.2760/09 2 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, Kottarakara, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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 vgs.