IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7305 of 2009() -------------------------------------- AGAINST THE ORDER DATED 23/11/2009 IN CRMP 791/09 IN SC.1203/2000 of ADDL. DISTRICT COURT, VADAKARA CR. NO.63/2004 OF VATAKARA EXCISE RANGE, KOZHIKODE .................... PETITIONER/ACCUSED: -------------------------------------- GIREESAN,AGED 36 YEARS, S/O.KUMARAN,RESIDING AT VALIYA MADATHIL HOUSE, THIKKODI.PO,KOYILANDY TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.P.ABDUL JALEEL RESPONDENT/COMPLAINANT AND STATE: ------------------------------------------------------------- STAT :REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7305 of 2009 ------------------------------------ Dated this the 10th day of December, 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 Sessions Case No.791/2009 on the file of the court of the Additional District and Sessions Judge of Vatakara. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The petitioner was released on bail. Trial was scheduled to be held on 6/10/2009. On 6/10/2009, the petitioner was absent. No application was filed to excuse the absence of the petitioner. The trial court cancelled bail and issued notice to the sureties. The sureties appeared and prayed for some time to produce the accused before court. 4. The petitioner surrendered before court on 18/11/2009 and applied for bail. The Sessions Court dismissed the application for bail and the petitioner was remanded to judicial custody. 5. It was contended before the learned Sessions Judge that the petitioner could not appear on 6/10/2009 as one of his B.A. No. 7305/ 2009 2 relatives expired on 5/10/2009. The learned Sessions Judge did not believe that story as no materials were produced to substantiate the contention. 6. The petitioner has surrendered before court and he is in judicial custody since 18/11/2009. 7. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed by the court for granting bail. 8. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the nature of the offence, I am of the view that bail can be granted to the petitioner on stringent conditions. 9. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Vadakara subject to the following conditions:- A) The petitioner shall appear before the trial court on all posting dates without fail except on grounds which according to the learned Sessions Judge, are justifiable. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 7305/ 2009 3 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. 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 scm