IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3960 of 2009() ------------------------------------ CMP.6814/2009 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO. 30/2007 OF KARUNAGAPALLY EXCISE RANGE .................... PETITIONER/2ND ACCUSED: --------------------------------------- ANI, S/O. KUTTAPPAN, POTHIYIL KIZHAKKE CHIRAYIL HOUSE, KARTHIKAPPALLY. BY ADV. SRI. T. GOPALAKRISHNAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. M.S.BREEZE PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3960 of 2009 ------------------------------------ Dated this the 22nd day of July, 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 second accused in Crime No.30/2007 of Karunagapally Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that on 14.02.2007, the petitioner was found transporting 30 litres of arrack. The Excise Officials could not arrest him, as he ran away. The petitioner surrendered before court on 25.06.2009 and he was remanded to judicial custody. 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 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 B.A.No. 30 of 2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagapally 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 and Thursdays, 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 ln