IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Bail Appl..No. 8183 of 2011() ----------------------------- CRMP.5957/2011 of J.M.F.C., ADOOR Crime No.17 of 2005 of Adoor Excise Range, Pathanamthitta District .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- OMANAKUTTAN, S/O. NARAYANAN, PALACHUVATTIL, ANGADICKAL, VADAKKEKARA VILLAGE, ADOOR TALUK. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, RPERESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8183 OF 2011 --------------------------------- Dated this the 14th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.17 of 2005 of Adoor Excise Range, Pathanamthitta District. 2.The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3.The prosecution case is that on 22.2.2005, a quantity of 72 litres of wash was seized from the house of the petitioner. He could not be arrested as he ran away. The petitioner was arrested only on 13.9.2011 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the B.A.No. 8183 OF 2011 2 petitioner as well as the learned Public Prosecutor that after completing the investigation, final report was filed. 5.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 that the charge was laid, 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 `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor, subject to the following conditions: A) The petitioner shall appear before the Excise Inspector, Adoor Circle on alternate Mondays till the trial of the case is over or until further orders. 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. B.A.No. 8183 OF 2011 3 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 as above. K.T.SANKARAN, JUDGE. cms