IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4655 of 2009() ----------------------------- CR NO.36 OF 2009 OF MAVELIKKARA EXCISE RANGE PETITIONER/ACCUSED: ---------------------------------- GOPALAKRISHNAN, AGED 40 YEARS, S/O.KUMARAN, PUTHENTHARAYIL, (KAITHAVILAKIZHAKKETHIL), KOYPPALLIL KARAZHMA MURI PERINGALA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT(S): COMPLAINANT -------------------------- KERALA STATE, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, MAVELIKKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4655 of 2009 --------------------------------------------- Dated this the 20th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in C.R.No.36 of 2009 of Mavelikara Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 10.6.2009, the petitioner along with the other accused were found in possession of 120 litres of wash. The petitioner was arrested on 23.7.2009 and he was remanded to 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like BA No.4655/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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