IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3436 of 2009() ------------------------------------ CMP.7061/2009 of J.M.F.C.-I, KOLLAM CR.70/2009 OF KOLLAM EXCISE RANGE .................... PETIITONER/ACCUSED: -------------------------------- REJITHKUMAR, S/O. RAVI, KAYALVARATHU MELEVILA VEEDU, THEKKEEMURI CHERRY, EAST KALLADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3436 of 2009 ------------------------------------ Dated this the 26th day of June, 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 first accused in CR. No. 70/2009 of Kollam Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 28/05/2009, the petitioner was found transporting 70 litres of spirit in two plastic cans on a scooter. The petitioner was arrested on the same day and he is in judicial custody since then. It is submitted by the learned counsel for the petitioner that the petitioner's mother is suffering from mental illness. She has been under the treatment of Senior Consultant,Civil Surgeon,Neuro Psychiatrist of District Hospital, Kollam for the last five years. The doctor has certified in Annexure B certificate dated 31/05/2009 that her condition is bad now. 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 the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 3436 / 2009 2 petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam 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 scm