IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 5001 of 2009 CRIME NO.34 OF 2008 OF ;AMARAVILA EXCISE RANGE APPLICANT/ACCUSED ------------------------------------- CHELLAPPAN, AGED 60 YEARS, S/O.PAULU, THAVAYATHUKONAM, MEKKUMKARA VEEDU, CHAVADY, KUNNATHUMKAL DESOM, KUNNATHUMKAL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SMT.SANGEETHA LAKSHMANA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.34 OF 2008 OF AMARAVILA EXCISE RANGE). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5001 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.34 of 2008 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 24.4.2008, the petitioner was found transporting five litres of coloured arrack. The petitioner could not be arrested as he ran away. The petitioner was arrested on 12.8.2009 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in two other cases. Learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed while granting bail. It is also B.A. NO. 5001 OF 2009 :: 2 :: submitted that the petitioner undertakes not to indulge in any prejudicial activity including abkari offence, while on bail. Learned counsel for the petitioner also submitted that the petitioner is aged more than sixty years. 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. 6. 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 all 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. 5001 OF 2009 :: 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 ahz/