IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 267 of 2010 CRIME NO.63 OF 2009 OF NEYYATTINKARA EXCISE RANGE PETITIONER/2ND ACCUSED ------------------------------------------ HONEY @ HEMANTH, AGED 20 YEARS, S/O.VIJAYAKUMAR, HONEY BHAVAN, KUZHIVILAKONAM, PUTHALAM, KOTTUKAL DESOM, AND VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KRALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 267 OF 2010 ------------------------------------------------------ Dated this the 8th day of February, 2010 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.63 of 2009 of Neyyattinkara Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 28.12.2009, the petitioner was found transporting 462 litres of spirit in a Maruti car. The petitioner was arrested on 28.12.2009 and he was remanded to judicial custody. It is stated that the first accused was driving the car and the petitioner was found in the car. The learned Public Prosecutor submitted that accused Nos.3 and 4 were piloting the car on a scooter. 4. It is submitted by the learned counsel for the petitioner that B.A. NO. 267 OF 2010 :: 2 :: the petitioner is not involved in any other case of similar nature. It is also submitted by the learned counsel for the petitioner that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. The above undertaking is recorded. 5. 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, the present stage of investigation and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Neyyattinkara, 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 for a period of two months and thereafter, 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; B.A. NO. 267 OF 2010 :: 3 :: 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 ahz/