IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5345 of 2011() ----------------------------- CMP.2417/2011 of J.M.F.C-I., HARIPAD CR.NO.128 OF 2009 OF KAYAMKULAM EXCISE RANGE .................... PETITIONER: -------------------- SURESH, S/O.VASU, AGED 49 YEARS, MARAKKASSERIL CHIRAYIL, MUTHUKULAM VADAKKU MURI, MUTHUKULAM VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.B.JAYASURYA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5345 OF 2011 --------------------------------- Dated this the 8th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in CR.No.128 of 2009 of the Kayamkulam Excise Range, Alappuzha District. 2.The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3.The prosecution case is that on 30.11.2009 a quantity of 560 litres of wash kept in 16 cans was recovered from a marshy land near the residential compound of the petitioner. The prosecution alleges that the petitioner is the person who kept the wash at that place. The petitioner was arrested on 14.6.2011 and he was remanded to judicial custody. B.A.No.5345 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that the petitioner is a heart patient and even after the petitioner was sent to judicial custody, he was admitted in the Medical College Hospital, Thiruvananthapuram on account of heart ailments and he was an in-patient in the hospital for six days. The counsel also submitted that there is no case for the prosecution that the petitioner was not available in station from 2009 to 2011 and at no point of time earlier, an accusation was made against the petitioner. 6.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. 7.The petitioner shall be released on bail on his executing bond for Rs.50,000/-(Rupees Fifty thousand only) with two B.A.No.5345 OF 2011 3 solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, 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 cms