IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 1004 of 2010() ----------------------------- CRIME NO.9/10 OF EXCISE RANGE, KATTAKADA .................... PETITIONER : ACCUSED ------------------------------ CHELLAYYAN,S/O.KOCHUKUNJAN, KIZHAKKUMKARA VEEDU,MARANALLOOR DESOM, MARANALLOR VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1004 of 2010 --------------------------------------------- Dated this the 19th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.9 of 2010 of Kattakada 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 9.2.2010, the petitioner was found in possession of 1.5 litres of arrack. The petitioner was arrested on 9.2.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in two other cases of similar nature registered in 2004 and 2008. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the BA No.1004/2010 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence, the present stage of investigation and also the undertaking made by the petitioner, 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 amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, 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 and Thursdays for a period of two months and thereafter 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