IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4690 of 2009 CRIME NO.21 OF 2009 OF MANJERI EXCISE RANGE, MALAPPURAM PETITIONER/ACCUSED -------------------------------------- VIMAL KUMAR, AGED 35 YEARS, S/O. NEELAKANDAN, OOTHALAKANDI HOUSE, THRIKKALANGODE, MALAPPURAM DISTRICT. BY ADV. SRI.K.VIDYASAGAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BCOME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4690 OF 2009 ------------------------------------------------------ Dated this the 26th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.21 of 2009 of Manjeri Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) of the Abkari Act. 3. I have perused the case diary. The mahazar shows that on 5.8.2009, when the Excise party was on patrol duty, they seized 2.4 litres of arrack as abandoned by a person who ran away when the Excise party saw him. In the mahazar, it is recorded that the witnesses disclosed the name and other details of the petitioner. The case diary does not show that the aforesaid persons were questioned. No such statement is seen recorded from those witnesses. 4. Taking into account the facts and circumstances of the B.A. NO. 4690 OF 2009 :: 2 :: case, the nature of the offence and other circumstances, 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 in charge of the police station shall release 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/