IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Bail Appl..No. 3035 of 2009() ----------------------------- CRIME NO.106/2007 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SUBHASH, S/O. GANGADHARAN, AGED 27 YEARS, KALLALIMANNAL THEKKATHIL, PRAYAR THEKKUM MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3035 of 2009 ---------------------------- Dated this the 29th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.106 of 2007 of Karunagappally 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 13.6.2007, a quantity of 525 litres of wash was found in a purampoke land. In the mahazar, it is stated that credible information was received by the Excise Officials that the petitioner had stored the wash at that place. 4. I have perused the case diary file. There is no statement of any such person recorded by the Investigating Officer. There is no material as such as on record, prima facie to connect the petitioner with the offence. 5. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer concerned shall release BA No.3035/2009 2 him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl