IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10802 of 2011() ------------------------------ CRMP.3685/2011 of COURT OF SESSION, PALAKKAD .................... PETITIONER/ACCUSED :- -------------------------------------- PRAVEEN.V.D., AGED 43 YEARS, S/O. DAMODARAN, VAZHAPYULLY VEEDU, KAZHIMBRAM, VALAPPAD.P.O., CHAVAKKAD, THRISSUR DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S)/STATE & COMPLAINANT :- ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE EXCISE INSPECTOR, KUZHALMANNAM EXCISE RANGE, PALAKKAD DISTRICT-678014. PUBLIC PROSECUTOR SRI.ABDUL SALAM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J. -------------------------------- B.A. No.10802 of 2011 ------------------------------- Dated this the 27th day of December 2011 O R D E R Petitioner is the sole accused in Crime No.70/2011 of Kuzhalmannam Excise Range. He was found to be transporting 448 litres of spirit in contravention of the constitution of Kerala Abkari Act and hence the offences alleged against him are under Secs.55(a) and 67(B) of Abkari Act. 2. Learned Public Prosecutor submits that since the allegation is that the permit/documents were forged by the petitioner and since so many other aspects are to be investigated, if the accused is released on bail at this stage, it will affect the proper conduction of investigation. Considering the gravity of the offences, the learned Sessions Judge rightly dismissed his application for bail. 3. Learned counsel for the petitioner submits that the petitioner had been in custody from 3.11.2011 onwards. Now that nearly 54 days have expired. The investigation is not likely to be completed within 60 days. Learned Public Prosecutor is B.A. No.10802 of 2011 -: 2 :- not in a position to say that the investigation will be completed within 60 days. The apprehension expressed by the learned Public Prosecutor is that if the petitioner is released on bail, he is likely to tamper with the investigation. But, for that purpose, severe conditions can be imposed. 4. Considering all the aspects, the petitioner is granted bail with effect from 1.1.2012 on the following conditions: (a) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Court below. The sureties shall produce their original title deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested photocopies, the original shall be returned to them. (b) The petitioner will appear before the Investigating Officer on all Tuesdays and Fridays between 10 AM and 11 AM until further orders. (c) The petitioner shall not enter Palakkad District except for compliance of condition (b) just mentioned above. (d) The petitioner/accused shall surrender his original B.A. No.10802 of 2011 -: 3 :- passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. The Investigating Officer can ascertain the correctness of the affidavit, if it is sworn by the petitioner/accused that he has no passport. (e) The petitioner shall not influence the witness or interfere with the investigation nor shall the witness be intimidated or terrorized. (f) The petitioner shall appear before the Investigating Officer for interrogation as and when directed. (g) The petitioner shall not get himself involved in commission of any offence while he is on bail. (h) Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the Court. N.K.BALAKRISHNAN, J UDGE. Jvt