IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 588 of 2010 ------------------------------------- (C.R. NO.44/2007 OF EXCISE RANGE, KATTAPPANA, IDUKKI DISTRICT) ............. APPLICANT/IST ACCUSED: --------------------------------------- JOBY, S/O.ANTONY, PUTHENPURACKAL HOUSE, MATTUKATA KARA, AYYAPPANKOVIL VILLAGE, IDUKKI DISTRICT. BY ADVS. MR.P.VIJAYA BHANU, MR.THOMAS J.ANAKKALLUNKAL. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, EXCISE RANGE KATTAPPANA. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 588 of 2010 ------------------------------------ Dated this the 4th day of February, 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.1 in Cr. No. 44/2007 of Kattappana 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 5/7/2007, the accused persons, two in number, were found engaged in the sale of arrack. A quantity of 11 litres of arrack was seized from the possession of the accused persons. The petitioner ran away and therefore, he could not be arrested. 4. The learned Public Prosecutor submitted that the petitioner was absconding from 2007 onwards and he could be arrested only on 23/1/2010. The petitioner was remanded to judicial custody. The learned counsel for the petitioner submitted that the petitioner was very much available in the place of his residence and that he was not absconding. The learned Public Prosecutor also submitted that there is no report that the B.A. No. 588/ 2010 2 petitioner is involved in any other case of similar nature. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. 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, Kattappana 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 three months 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. 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. B.A. No. 588/ 2010 3 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