IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7365 of 2011() ----------------------------- CRIME NO.34/2011 OF THRISSUR EXCISE RANGE PETITIONER:-(ACCUSED) -------------------------- K.RAVI,AGED 28 YEARS,S/O.KRISHNANKUTTY, VELLARANKALLUMEDU,VANNAMADA.P.O,KOZHIPATHY VILLAGE PALAKKAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: (COMPLAINANT) ---------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. EXCISE CIRCLE INSPECTOR,THRISSUR EXCISE RANGE. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7365 of 2011 ---------------------------------------------- Dated this the 10th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.34 of 2011 of Thrissur Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Kerala Abkari Act. 3. When the Bail Application came up for admission on 23/09/2011, the following order was passed: “3. The prosecution case is the following: On 2.8.2011, the Excise officials intercepted a pick up van, bearing Registration No.KL9X.4565. A quantity of 1050 litres of toddy was being transported in the vehicle. The vehicle belonged to accused No.3. Accused Nos.1 and 2 produced a toddy transport permit issued by the Excise Inspector, Chittur Excise Range. On verification, the permit was found to be not genuine. Accused Nos.1 and 2 were arrested. It is submitted that they were subsequently released on bail. Bail Appln.No.7365/2011 : 2 : 4. The petitioner is the owner of the vehicle. There is no case that the petitioner was present in the vehicle at the relevant time. 5. In the peculiar facts and circumstances of the case, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 29th and 30th September, 2011. 6. Post on 10th October, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.34 of 2011 of Thrissur Excise Range, till 11th October, 2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 23/09/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the Bail Appln.No.7365/2011 : 3 : fact that the direction in the order dated 23/09/2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) 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 every Monday, 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. Bail Appln.No.7365/2011 : 4 : 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 skj