IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 7418 of 2009() ----------------------------- CR NO.63/09 OF ALUVA EXCISE RANGE PETITIONER : ACCUSED ------------------------------ JOMON, AGED 30 YEARS, S/O. ULAHANNAN, VILAYAPILLIL HOUSE, KUTHUKUZHI.P.O., KOTHAMANGALAM. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, ALUVA EXISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7418 of 2009 --------------------------------------------- Dated this the 24th day of March, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in CR No.63 of 2009 of Aluva Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The petitioner states that in September 2009, he purchased a Qualis car. On 23.10.2009, he sold the car to one Narayanan. On 4.11.2009, the Excise Party found on search of the car, 238 litres of spirit kept concealed in the car. The case of the petitioner is that he was not the owner of the vehicle at the relevant time. 4. When the Bail Application came up for hearing on 11.3.2010, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating BA No.7418/2009 2 officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 17th and 18th March, 2010. Post on 24.3.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders. The petitioner shall produce copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 11.3.2010 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 11.3.2010 has been complied with by the petitioner, 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 on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the BA No.7418/2009 3 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 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; 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl