IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4126 of 2009 CR.NO.28 OF 2006 OF THE EXCISE RANGE, THRIPUNITHURA CRMP.1677/2009 of ADDL.C.J.M., ERNAKULAM PETITIONER/ACCUSED NO.7 ------------------------------------------- NAGRAJ, S/O.KOTTARAYAPPA, 134 EMBASSY HERITAGE APARTMENTS, 8TH MAIN, MALLESWARAM, BANGALORE. BY ADV. SRI.RENJITH B.MARAR RESPONDENT: --------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF EXCISE, EXCISE RANGE, THRIPUNITHURA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4126 OF 2009 ------------------------------------------------------ Dated this the 10th August, 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.7 in C.R.No.28 of 2006 of the Excise Range, Thripunithura. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 10.11.2006, a quantity of 10590 litres of spirit was transported. The allegation is that the petitioner supplied the spirit. The petitioner was arrested in connection with another case and his formal arrest was recorded in the present case on 8.6.2009. The charge was not laid in the present case within the statutory period. 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, the present stage of investigation and also the fact that charge was not laid within the statutory period, I am of the view that bail can be granted to the petitioner. B.A. NO. 4126 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rupees One lakh with two solvent sureties, who shall be persons owning immovable property in the State of Kerala, for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Ernakulam, 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 and Thursdays, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/