IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5342 of 2009() ----------------------------- CRMP.7269/2009 of J.M.F.C. - I, CHALAKUDY CRIME NO.40/2009 OF CHALAKUDY EXCISE RANGE, THRISSUR .................... PETITIONER/ACCUSED: -------------------------------------- BIJU, S/O.SUKUMARAN, BIJU BHAVANAM, PERIGNADU VILLAGE, MUNDAPPILLY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------- 1. THE EXCISE INSPECTOR, CHALAKUDY EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5342 of 2009 ------------------------------------ Dated this the 23rd day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 40/2009 of Chalakudy Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 4/8/2009, the accused persons were found transporting 396 litres of spirit in a Maruti Alto Car. The petitioner was arrested on 4/8/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other abkari cases. The learned counsel for the petitioner submitted that the petitioner undertakes that he would not involve in any prejudicial activities or commit any offence of similar nature, if he is granted bail. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 5342/2009 2 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. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakudy 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, 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 scm