IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 6215 of 2011() ----------------------------- O.R.No.78 of 2000 of Excise Range, Adoor PETITIONER : ACCUSED --------------------------- REJI, S/O.VELUMPAN, AGED 37 YEARS, CHITTOOR VEEDU, MANNADI THAZHATHUKARA, KADAMPANADU VILLAGE, ADOOR TALUK. BY ADV. SRI.T.I.DANIEL RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, ADOOR. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6215 of 2011 ---------------------------------------------- Dated this the 02nd day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in O.R.No.78 of 2000 of Excise Range, Adoor, which is now pending as L.P.No.17 of 2005 on the file of the Additional Sessions Judge, (Ad hoc) Fast Track Court-II, Pathanamthitta. 2. The offence alleged against the petitioner is under Section 8 (1) & (2) of the Abkari Act. 3. The prosecution case is that on 10/06/2000, the petitioner was found in possession of 25 packets of arrack each packet containing 150 ml. He was arrested and later released on bail on 29/07/2000. After the investigation, charge sheet was filed and case was committed to the court of Session. It is alleged that thereafter the petitioner absconded. The case was treated as long pending and it was numbered as L.P.No.17 of 2005. In execution of the non-bailable warrant he was arrested on 09/07/2011 and he was remanded to judicial custody. His application for bail was rejected by the learned Sessions Judge. Bail Appln.No.6215/2011 : 2 : 4. It is submitted by the learned counsel for the petitioner that the petitioner is a coolie and he never absconded. It is submitted that the petitioner is prepared to abide any conditions that may be imposed by the Court. 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, the submission made by the learned counsel for the petitioner and that the charge was laid, 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 `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Additional Sessions Judge, (Ad hoc) Fast Track Court-II, Pathanamthitta subject to the following conditions: A) The petitioner shall not leave the local limits of Excise Range, Adoor without permission of learned Sessions Judge. B) The petitioner shall appear before the Excise Inspector of Adoor Excise Range on every Monday till the trial of the case is over. Bail Appln.No.6215/2011 : 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 skj