IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5548 of 2011() ----------------------------- CRIME NO.45/2005 OF EXCISE RANGE, KATTAKKADA THIRUVANANTHAPURAM PETITIONER/ACCUSED ----------------------- THANKAPPAN, S/O. ENOSE, MANNADITHALANIRA VEEDU, PARAKKONAM, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5548 of 2011 ---------------------------------------------- Dated this the 14th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.45 of 2005 of Excise Range, Kattakada, which is now pending as C.P.No.12 of 2011 on the file of the Court of the Judicial Magistrate of the First Class, Kattakada. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 04/06/2005, a quantity of 480 litres of wash was recovered from a place near Neyyar River. According to the prosecution, the wash was kept there by the petitioner. The petitioner surrendered before court on 07/06/2011 and he was remanded to judicial custody. The learned Public Prosecutor submitted that the charge sheet was filed on 10/01/2011. 4. 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 that the charge was Bail Appln.No.5548/2011 : 2 : laid, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, subject to the following conditions: A) The petitioner shall report before the Excise Inspector, Kattakada on every Sundays between 9 A.M. and 11 A.M., until the trial of the case is over or until further orders. 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 as above. K.T.SANKARAN, JUDGE skj