IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4239 of 2009 C.R.NO.51 OF 2006 OF THIRUPURAM EXCISE RANGE CMP.5098/2009 of J.M.F.C.-II,NEYYATTINKARA PETITIONER/2ND ACCUSED ------------------------------------------ SHIBU, AGED 31 YEARS,S/O.THANKAPPAN, PERUMPAZHUITHOOR DESOM, PERUMPAZHUITHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4239 OF 2009 ------------------------------------------------------ Dated this the 3rd August, 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 C.R.No.51 of 2006 of Thirupuram 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 24.12.2006, accused Nos.1 and 2 were found transporting 965 litres of spirit in a vehicle. The first accused was arrested on the spot. It is stated that the second accused ran away. He was arrested on 25.6.2009 and he is in judicial custody since then. 4. The investigation of the case is over. Charge was laid on 29.7.2009. Learned Public Prosecutor also submitted that the petitioner is not involved in any other case of the similar nature. B.A. NO. 4239 OF 2009 :: 2 :: 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 and the fact that charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class - II, Neyyattinkara, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/