IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3031 of 2009() -------------------------------------- C.R. NO.84/2006 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM PETITIONER/ACCUSED: -------------------------------------- SUBHASH, S/O. GANGADHARAN, AGED 27 YRS, KALLALIMANNAL THEKKATHIL, PRAYAR THEKKUM MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT : ------------------------ STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3031of 2009 ------------------------------------ Dated this the 30th day of June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in CR. No.84/2006 of Karunagappally Excise Range, Kollam. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 24/04/2006, the Excise Party seized a quantity of 175 litres of Wash from the Puramboke land. In the mahzar, it is stated that on making enquiry with the neighbouring persons, it was revealed that the contraband belongs to the petitioner. 4. I have perused the case diary. There is nothing to indicate that any person has stated so before the Excise Party. As of now, there appears to be no materials to connect the petitioner. It is not proper to pronounce upon merits of the case at the time of disposal of the Bail Application, as it would cause prejudice either to the prosecution or to the accused. B.A. No. 3031/2009 Page numbers 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, 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. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail or even before that period. B.A. No. 3031/2009 Page numbers F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm