IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 Bail Appl..No. 2601 of 2009() ------------------------------------------ (CRIME NO.19 OF 2008 OF KARUNAGAPPALLY EXCISE RANGE) PETITIONER/ACCUSED NO.5: ------------------------------------------- BALU, S/O.BALANANDAN PILLAI, KOOTUNGAL HOUSE, CLAPPANA THEKKU MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. BY ADVS. MR.M.T.SURESHKUMAR, MR.RAJA VIJAYARAGHAVAN. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ============================= B.A.No.2601 of 2009 ============================== Dated this the 15th day of May 2009 ORDER Petitioner is the fifth accused in Crime No.19 of 2008 of Karunagappally Excise Range for the offence punishable under section 55(a) of the Abkari Act. On 23.1.2008, the excise officials attached to Karunagappally Excise Range seized a fishing vessel carrying 7458 litres of spirit. Accused Nos.1 to 4 who were the driver and passengers of the boat. The petitioner who is the owner of the vessel used for transporting illicit spirit was arrayed as the 5th accused. He surrendered before the the Judicial Magistrate of First Class, Karunagappally on 7.4.2009. After rejecting the application for bail, he was remanded to judicial custody. Now this petition. 2. Today when the petition came up for hearing, it is submitted by the learned Public Prosecutor that the case diary did not disclose anything to show that the contraband was transported in the vessel with the knowledge of the petitioner. In the above circumstances, I find that this is a fit case to grant bail. 3. In the result, this petition is allowed and the petitioner shall stand released on bail on his executing a bond for B.A.No.2601/2009 2 Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate I, Karunagappally on the following conditions: i) The petitioner shall report before the Investigating Officer as and when required by him. ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. P.S.GOPINATHAN, JUDGE css/