IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 7880 of 2009 CRIME NO.68 OF 2009 OF EXCISE RANGE, PALAKKAD PETITIONER: ACCUSED --------------------------- RAMANUNNI, S/O. KRISHNANKUTTY, AGED 51 YEARS, DRIVER, GHATGE PATIL TRANSPORT LTD., CHATHANATH VEEDU, CHITTATTUKARA DESAM, ELAVALLY.P.O, ELAVALLY VILLAGE, CHAVAKKAD TALUK, THRISSUR. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE RANGE INSPECTOR, PALAKKAD IN CRIME NO. 68/2009. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7880 OF 2009 ------------------------------------------------------ Dated this the 18th day of January, 2010 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.68 of 2009 of Palakkad 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 6.12.2009, the Excise party seized a quantity of 900 litres of spirit from a parcel lorry driven by the petitioner. The petitioner was arrested on 6.12.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is a driver of Ghatge Patil Transporting Company. He is working as a driver for the last several years. At the Walayar check post, the Excise party intercepted the vehicle. The petitioner B.A. NO. 7880 OF 2009 :: 2 :: stated that twenty barrels of chemicals were available in the lorry. They were kept just near the door of the vehicle. The Excise party seized the barrels. It was found, on their inspection, that the barrels contained spirit. The petitioner had no knowledge about the contents in the barrels. The consignment was booked by somebody and it was to be delivered to the consignee. The petitioner acted only as the driver and he had no complicity in the offence. 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 – I, Palakkad, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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; B.A. NO. 7880 OF 2009 :: 3 :: 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 ahz/