IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 3620 of 2009() ----------------------------- C.R.NO.62/2009 OF EZHUKONE EXCISE RANGE .................... PETITIONER/ACCUSED A1 -------------------------------------- BAIJU, S/O.RATNAKARAN, PRIYA BHAVAN, MURUNTHAL MURI, TRIKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3620 of 2009 --------------------------------------------- Dated this the 29th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in C.R.No.62 of 2009 of Ezhukone 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 11.6.2009, the petitioner was found transporting 350 litres of spirit in a Maruti car. The petitioner was arrested on the same day. He is in judicial custody. 4. The investigation is at the final stage. Learned public prosecutor submitted that the petitioner is not involved in any other case. 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 present stage of investigation, I am of the view that bail can be granted to the BA No.3620/2009 2 petitioner. 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-I, Kottarakara, 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 csl