IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2313 of 2009 CR.NO.6/2009 OF EXCISE RANGE, KODUNGALLOOR PETITIONER/ACCUSED NO.2 ------------------------------------------- RIBIN, AGED 23, S/O.ROCKEY, CHEMMANKULATH HOUSE, PIZHALA DESOM, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. EXCISE CIRCLE INSPECTOR, KODUNGALLOOR EXCISE RANGE, KODUNGALLOOR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.R.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2313 OF 2009 ------------------------------------------------------ Dated this the 21st May, 2009 O R D E R This is an application for bail filed by the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Cr. No.6 of 2009 of Excise Range, Kodungalloor. The offence alleged against the petitioner and the other accused are under Sections 55(a) and 67B of the Kerala Abkari Act. The allegation against the petitioner and the other accused is that on 20.2.2009, the accused transported 1650 litters of spirit in a tempo traveller, bearing Registration No.KL5 H 8161. The excise officials intercepted the vehicle. It is stated that the petitioner jumped out of the vehicle into the backwaters. He was arrested and produced before the Magistrate. The learned Magistrate granted bail subsequently. The State filed Crl.R.P.No.18 of 2009 challenging the order passed by the learned Magistrate. The learned Sessions Judge set aside the order granting bail. On that day, the petitioner/second accused surrendered. He is in continued detention. The petitioner moved an application for bail before the learned Sessions Judge as Crl.M.C.No.517 of 2009, which was rejected by the order dated 13.4.2009. B.A. NO.2313 OF 2009 :: 2 :: 2. The learned counsel appearing for the petitioner submitted that the first accused was released on regular bail by the learned Sessions Judge. It is stated that final report is not filed. The petitioner is entitled to be released under Section 167(2) of the Code of Criminal Procedure. In the facts and circumstances of the case, the Bail Application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungalloor. The petitioner shall appear before the investigating officer on all Mondays between 10 AM and 12 noon until final report is filed. The petitioner shall make himself available for interrogation or for the purpose of investigation. He shall not commit any offence while on bail. If the conditions for granting bail are violated, the bail granted to the petitioner shall be liable to be cancelled. (K.T.SANKARAN) Judge ahz/