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. 2571 of 2009() ----------------------------- CRIME NO.20/2009 OF KOTTARAKKARA EXCISE RANGE PETITIONER/ACCUSED NO.2 ------------------------------------------- GANESHAN @ KURUP, S/O. SREEDHARAN, AKHIL BHAVAN, THEVALAPPURAM, NEDUVATHOOR, KOTTARAKKARA. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND 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.2571 of 2009 ------------------------------ Dated this the 30th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.20 of 2009 of Kottarakara Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 11.3.2009, the first accused was arrested. He was found in possession of 750 ml. of arrack. He stated to the Excise Party that the arrack was given to him by the second accused. The second accused is accordingly implicated in the crime. 4. I have gone through the case diary. 5. Except the statement made by the first accused, as of now, there is no material to indicate that the second accused has either sold or supplied the arrack to the first accused. Therefore, I am inclined to grant anticipatory bail to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer concerned shall release him on bail on his BA No.2571/2009 2 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 appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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