IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3932 of 2009 CRIME NO.102 OF 2009 OF KARUNAGAPPALLY EXCISE RANGE CMP.6393/2009 of J.M.F.C. - I, KARUNAGAPPALLY PETITIONER/ACCUSED -------------------------------------- KANAKAN,S/O.NARAYANAN, PUTHENPURAYIL HOUSE,PRAYAR SOUTH MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.K.R.SUNIL RESPONDENT: COMPLAINANT -------------------------- THE EXCISE INSPECTOR OF KARUNAGAPPALLY EXCISE RANGE,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3932 OF 2009 ------------------------------------------------------ Dated this the 20th July, 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.102 of 2009 of Karunagappally Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 14.6.2009, the petitioner was found in possession of ten litres of arrack. The petitioner was arrested on 14.6.2009 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 B.A. NO. 3932 OF 2009 :: 2 :: satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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/