IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5567 of 2009() ----------------------------- CR NO.83/2009 OF KOTTARAKKARA EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- UNNIKRISHNA PILLAI @ UNNI, S/O.RAGHAVAN PILLAI,PALAVILAKIZHAKKATHIL VEEDU, VILLOOR MURI,MELILA VILLAGE,KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5567 of 2009 --------------------------------------------- Dated this the 7th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.83 of 2009 of Kottarakkara Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 18.9.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 4.5 litres of IMFL was seized from the possession of the petitioner. He was arrested on 18.9.2009 itself. The petitioner is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any similar offences while on bail. This submission is recorded. 6. Taking into account the facts and circumstances of the BA No.5567/2009 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. 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-I, Kottarakkara, 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 csl