IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 203 of 2010() ---------------------------- CRIME NO.1/10 OF KARTHIKAPPALLY EXCISE RANGE PETITIONER/2ND ACCUSED ------------------------------------------ SHAJI, SHAJI BHAVAN, PALLANA MURI, THRIKKUNNAPPUZHA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, REP. BY EXCISE INSPECTOR, KARTHIKAPPALLY RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.203 of 2010 --------------------------------------------- Dated this the 20th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1 of 2010 of Karthikappally Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 4.1.2010, the accused persons were found in possession of 5.6 litres of arrack. The petitioner was arrested on 6.1.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 5. 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. The petitioner shall be released on bail on his executing BA No.203/2010 2 bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, 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