IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 8ND POUSHA 1931 Bail Appl..No. 7335 of 2009() ----------------------------- CMP.7122/2009 of J.M.F.C.-I,PALAKKAD CRIME NO. 63/2009 OF EXCISE RANGE .................... PETITIONER/ACCUSED NO.2 : --------------------------------- JYOTHISH V.PILLAI, AGED 25 YEARS, S/O.VASUDEVAN PILLAI, RESIDING AT 'MADHAVAM', ELANTHOOR.P.O, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7335 of 2009 ------------------------------------ Dated this the 23rd day of December, 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.2 in Crime No.63/2009 of Excise Range, Palakkad. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is the following: A business concern in Gujarat consigned a parcel to a consignee in Cochin through T.C.I. Parcel Services. The first accused was the person, who drove the parcel vehicle. The excise officials got secret information that the parcel contained spirit. On inspection it was found to be true. The petitioner produced consignee receipt to take the delivery of the goods. At that time, he was arrested on 23.11.2009. The petitioner is in judicial custody since then. 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 B.A. No. 7335 of 2009 2 investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Palakkad subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on alternate 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 ln