IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 230 of 2010() ---------------------------- CMP.159/2010 of J.M.F.C.-II,NEYYATTINKARA CR NO.63/2009 OF AMARAVILA EXCISE RANGE .................... PETITIONER/2ND ACCUSED: ------------------------------------------- PRASANTH, S/O.VIJAYAKUMAR, AGED 27 YEARS, MANJAKAVUMPURAM REKHA NIVAS, KARIPPOORU VILLAGE, MANJA DESOM, NEDUMANGADU TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.230 of 2010 --------------------------------------------- Dated this the 21st day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in CR No.63 of 2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 12.10.2009, the accused persons were found transporting 660 litres of spirit in a Santro car. The first accused was arrested on the spot. The petitioner could not be arrested as he ran away. 4. The petitioner was arrested on 19.12.2009 in connection with CR No.54 of 2009 of Vamanapuram Excise Range. His formal arrest was recorded in the present case on 22.12.2009. 5. As per the order dated 21.1.2010 in Bail Application No.229 of 2010, bail was granted to the petitioner in CR No.54 of 2009 referred to above. 6. Taking into account the facts and circumstances of the BA No.230/2010 2 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, 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 and Thursday for a period of two months and thereafter 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; 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 csl