IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5528 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.3847/2011 CRIME NO.81/2010 OF EXCISE RANGE, THIRUVANANTHAPURAM .................... PETITIONER: ACCUSED ---------------------- SUGATHAN, S/O.MRITHYNJAYA PANICKER, ALAVILA VEEDU, KATTACHAL KUZHI, VENGANOOR DESOM, VENGANNOOR, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5528 of 2011 ---------------------------------------------- Dated this the 13th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.81 of 2010 of Excise Range, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 8(1) & 2) of the Abkari Act. 3. The prosecution case is that on 24/12/2010 the petitioner was found in possession of 1.5 litres of arrack. He was arrested on 02/02/2011 and he is in judicial custody since then. Charge sheet was filed in the case and the case is now pending as C.P.No.16 of 2011 on the file of the court of the Judicial Magistrate of the First Class-III, Neyyattinkara. 4. The Bail Application filed by the petitioner on two earlier occasions were dismissed by this Court. It is submitted that the other cases of similar nature are pending in which the petitioner is the accused. The learned counsel for the Petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.5528/2011 : 2 : petitioner, the nature of the offence and that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara, subject to the following conditions: A) The petitioner shall report before the Excise Inspector, Thiruvananthapuram on alternate Mondays till the trial of the case is over or until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 skj