IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 4137 of 2009 CR.NO.9 OF 2008 OF CHANGANACHERRY EXCISE RANGE PETITIONER: ACCUSED --------------------------- VINOD, S/O.GOPALAKRISHNA PILLAI KOCHAVANDOOR HOUSE, KULATHUR PRAYAR, VELLAVOOR, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT: COMPLAINANT: --------------- THE EXCISE INSPECTOR CHANGANACHERRY EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4137 OF 2009 ------------------------------------------------------ Dated this the 28th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in CR No.9 of 2008 of Changanacherry Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 1.3.2008, the accused persons were found transporting twenty litres of arrack and sixty litres of spirit. The petitioner was arrested on 17.6.2009. The petitioner could not be arrested on 1.3.2008 as he ran away from the scene of occurrence. 4. The petitioner moved B.A.No.3629 of 2009 for bail, which was dismissed as per the order dated 6.7.2009. However, liberty was granted to the petitioner to move for bail after two weeks. Accordingly, this Bail Application is filed by the petitioner. B.A. NO. 4137 OF 2009 :: 2 :: 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 and the present stage of investigation, 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 Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Changanacherry, 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) 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 ahz/