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. 3955 of 2009() -------------------------------------- CRIME NO.6/2008 OF EXCISE RANGE, N. PARAVUR. .................... PETITIONER/2ND ACCUSED: ------------------------------------------ JOSEPH, AGED 41 YEARS, S/O.THOMMAN, MALIAKKAL HOUSE, THURUTHOOR DESOM, PUTHENVELIKKARA VILLAGE, PARAVUR TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT/ STATE: ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.6 OF 2008 OF EXCISE RANGE, N.PARAVUR). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3955 of 2009 ------------------------------------ Dated this the 28th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.6/2008 of Excise Range, North Paravur. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. It is stated that the first accused was found in possession of 18.30 litres of arrack on 13/02/2008. He was arrested on the same day. He gave a statement that arrack was supplied by the second accused. On 14/02/2008, a search was conducted in the house of the second accused (petitioner). A quantity of 100 litres of arrack was seized from the house of the petitioner, who is the second accused in Crime No.6/2008. On that basis, Crime No.7/2008 was registered against the petitioner herein. The petitioner was arrested in Crime No.7/2008 and he was remanded to judicial custody. He was in judicial custody for about two months. The B.A. No. 3955 /2009 Page numbers petitioner was sought to be added as accused No.2 in Crime No.6/2008 only later. The petitioner apprehends his arrest in Crime No.6/2008. 4. The learned Public Prosecutor submitted that the investigation in Crime No.6/2008 is almost over. The learned counsel for the petitioner submitted that the petitioner is prepared to appear before the investigating officer. 5. Accordingly the Bail Application is disposed of as follows: The petitioner shall appear before the investigating officer on 5/08/2009 or 6/08/2009 between 9 A.M and 11A.M. In the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned. 6. The grant of bail is also subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and B.A. No. 3955 /2009 Page numbers 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 scm