IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 3260 of 2009() ------------------------------------- CRIME NO.93/2009 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED NO.2: ------------------------------------------- RAJAN, S/O.JANARDHANAN, PLAMOOTTIL HOUSE PATHIYOOR WEST MURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/ COMPLAINANT: --------------------------------------------- THE 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 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3260 of 2009 ------------------------------------ Dated this the 18th day of June, 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.2 in Crime No.93/2009 of Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 2/06/2009, the accused persons, three in number, were found transporting 20 litres of Indian made foreign liquor and 15.6 litres of beer in an autorickshaw. The petitioner was arrested and produced before court on the same day. The petitioner is in judicial custody. The learned counsel for the petitioner submitted that the petitioner is the autorickshaw driver. 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. B.A. No. 3260/2009 2 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally 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 scm