IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3106 of 2009() -------------------------------------- OR NO.54/20009 ADOOR EXCISE RANGE APPLICANT/IST ACCUSED: ----------------------------------------- RATHEESH, S/O.RATNAN, AGED 27 YEARS, PEEDIKAYIL PADINJATTATHIL VEEDU, KARUVATTA VILLAGE & MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA DIST. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, ADOOR RANGE. SRI. M.S BREEZ,PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3106 of 2009 ------------------------------------ Dated this the 12th day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is accused No.4 in Crime No. OR 54/2009 of Adoor Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a)(b)(g)(h)(i) and Section 58 of the Abkari Act. 3. The prosecution case is that on 23/04/2009, 72 litres of illicit liquor and articles for manufacture of the said liquor were seized from the house occupied by the first accused, of which the 3rd accused is the owner. The second accused is the owner of vehicle bearing registration No. KL 26/6544 in which the alleged spirit was brought for manufacture of the illicit liquor. It is alleged that the manufacturing process was done by accused Nos. 1,2 and 5. The petitioner is the driver of the vehicle referred to above. It is alleged that the petitioner is also involved in the offence. The petitioner was arrested on 23/04/2009 in connection with Crime No.53/2009. His formal arrest was recorded in the present case on 6/05/2009. He is in judicial custody. The learned B.A. No.3106 / 2009 2 Public Prosecutor submitted that accused Nos. 1 and 2 could not be arrested so far. 4. 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 on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor 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. B.A. No.3106 / 2009 3 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 scm