IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1815 of 2010() ----------------------------- CMP.756/2010 of J.M.F.C.-I,NEYYATINKARA CRIME NO.36/2009 OF THIRUPURAM EXCISE RANGE. .................... PETITIONER/2ND ACCUSED: ----------------------------------------- SHIBU @ POTTAN SHIBU, S/O.APPU, MEKKEPATTAKUDIVEEDU, KAMUKINKODU ATHIYANNOOR DESOM ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENTS/ COMPLAINANTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1815 of 2010 -------------------------------- Dated this the 26th day of March, 2010 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.36/2009 of Thirupuram 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 10/9/2009, the first accused was found in possession of 4 litres of arrack. The first accused stated that the arrack was entrusted to him by the petitioner, who is accused No.2. The petitioner was arrested on 22/1/2010 in connection with Crime No.37/2009 of Excise Range, Thirupuram. His formal arrest was recorded in the present case on 30/1/2010. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.37/2009 of Thirupuram Excise Range and Crime No.189/2007 of Kanjiramkulam Police Station, wherein the offence alleged against the petitioner is similar in nature. It is also submitted that the petitioner is involved in nine B.A. No. 1815/2010 2 cases of similar nature. 5. B.A. Nos. 1160, 1171 & 1172 of 2010 filed by the petitioner for bail were dismissed by the order dated 8/03/2010, out of which, B.A.No.1160 of 2010 related to the present case. The investigation has progressed much thereafter. 6. 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. 7. 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-I, Neyyattinkara 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 one month and thereafter on 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. B.A. No. 1815/2010 3 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. The petitioner shall be released from jail only when his detention is not required in connection with any other case. K.T. SANKARAN, JUDGE scm