IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5794 of 2011 CRMP.6489/2011 of J.M.F.C.-III, PUNALUR CRIME NO.42 OF 2003 OF PATHANAPURAM EXCISE RANGE, KOLLAM. PETITIONER/4TH ACCUSED ------------------------------------------ SADASIVAN @ JAYAN,S/O.KUNJIRAMAN, ANIJA BHAVAN,KADASSERI VALIYAKAVU, UMMANNUR, KADASSERI MURI, PUNNALA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR SRI.N.AJITH RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5794 OF 2011 ------------------------------------------------------ Dated this the 2nd day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.42 of 2003 of Pathanapuram Excise Range, Kollam District. 2. The offence alleged against the accused is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 14.5.2003, the accused persons were found transporting 350 litres of arrack in a jeep. The petitioner could not be arrested as he ran away. According to the learned Public Prosecutor, the petitioner was absconding during all these years. The petitioner was arrested on 24.6.2011 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, B.A.NO.5794 OF 2011 :: 2 :: 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. 5. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class III, Punalur, 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 trial of the case is over; b) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class III, Punalur. If the petitioner does not have a Passport, an affidavit to that effect shall be filed before the learned Magistrate; c) The petitioner shall not leave the limits of Kollam District except with the permission of the learned Magistrate or with the permission of the learned Sessions Judge after committal of the case; d) The petitioner shall appear before the investigating officer for interrogation as and when required; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A.NO.5794 OF 2011 :: 3 :: g) 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/