IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1068 of 2010() ----------------------------- CRMP.1137/2010 of J.M.F.C.,THIRUVALLA C.R.NO.5/2010 OF THIRUVALLA EXCISE RANGE, PATHANAMTHITTA .................... PETITIONER/ACCUSED: -------------------------------------- JAYAN.T., AGED 44 YEARS, S/O.THANKAPPAN, MECHERIYIL HOUSE, MANNAMKARACHIRA MURIYIL, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. C.C.THOMAS, SR. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICER,THIRUVALLA, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1068 of 2010 ------------------------------------ Dated this the 2nd day of March, 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 Cr.No.5/2010 of Thiruvalla Excise Range, Pathanamthitta. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 4/2/2010 at 10 P.M., the petitioner was found in possession of 402 litres of spirit in the residential compound belonging to him. The petitioner was arrested on 4/2/2010 and he was remanded to judicial custody. 4. The learned counsel appearing for the petitioner submitted that the petitioner is the president of a temple committee. Sivarathri festival was to commence from 5th February onwards. The petitioner was participating in the meeting of the temple committee and at that time he was arrested. The learned senior counsel appearing for the petitioner also submitted that the petitioner was admitted in Indo American Hospital, Brain and Spine Centre, Vaikom on 20/12/2008 and he was discharged B.A. No. 1068/2010 2 from the hospital on 24/12/2008, after undergoing a surgery. Annexure D is produced to show the same. Annexure E was produced to show that the petitioner was suffering from “foraminal protrusion of disc”, for which he had undergone the surgery. It is submitted that periodical check up is made by the petitioner in the hospital. 5. Taking into account the facts and circumstances of the case, physical condition and illness of the petitioner and other circumstances, 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.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla 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. B.A. No. 1068/2010 3 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 scm