IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6595 of 2011 CMP.9053/2011 of J.M.F.C.-I,KOTTARAKKARA C.R.NO.60 OF 2011 OF EZHUKONE EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- UDAYABHANU, S/O.HARIHARAN,UDAYABHAVANAM VEEDU, KOLANNOOR MURI,EZHUKON VILLAGE. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: COMPLAINANT: STATE: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKKARA- 691 001. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6595 OF 2011 ------------------------------------------------------ Dated this the 23rd day of August, 2011 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 C.R. No.60 of 2011 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 30.7.2011, the petitioner was found in possession of 4.5 litres of coloured arrack. He was arrested on the spot. The petitioner is in judicial custody since then. 4. Learned Public Prosecutor submitted that the petitioner is involved in two other cases of similar nature registered in 2008 and 2011. B.A.NO.6595 OF 2011 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner is a person under disability. The mahazar shows that due to polio both legs of the petitioner are affected. Learned counsel for the petitioner also submitted that the petitioner undertakes that he will not commit any offence of similar nature while on bail. This undertaking is recorded. 6. 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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand 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, for a period of one month; b) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A.NO.6595 OF 2011 :: 3 :: 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/