IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1609 of 2010() ----------------------------- (CRIME NO.22/2008 OF ADOOR EXCISE RANGE, PATHANAMTHITTA DISITRICT) : PETITIONER/ACCUSED NO.2 ------------------------------------------- NATARAJAN, AGED 57 YEARS, S/O.KESAVAN (LATE), PRAKASH BHAVANAM, KARIPRA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ADOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1609 of 2010 ------------------------------------ Dated this the 7th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in C.R. No.22/2008 of Adoor Excise Range, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 56(b) and 57(a) of the Abkari Act. 3. When the Bail Application came up for hearing on 29.03.2010, the following order was passed: “When the Bail Application came up for hearing on 12.3.2010, an order was passed directing the petitioner to appear before the investigating officer on 16th and 17th March, 2010. It is submitted by the learned counsel for the petitioner that on 16.3.2010 the petitioner went to the Excise Range, Adoor. At that time, it was realised that C.R.No.23 of 2008 is pending against him and that there is a likelihood of his being arrested. Thereupon, B.A.No.1746 of 2010 was filed by the petitioner, in which, this Court directed the petitioner to appear before the investigating officer on 22nd and 23rd March, 2010. The learned counsel submitted that accordingly, the petitioner had appeared before the investigating officer in C.R.No.23 of 2008 on 22nd and B.A. No. 1609 of 2010 2 23rd March, 2010. In these circumstances, the counsel submits that the petitioner may be permitted to appear on another date. The request is just and reasonable. Accordingly, there will be a direction to the petitioner to appear before the investigating officer in C.R.No.22 of 2008 of Adoor Excise Range on 31st March, 2010 at 9 AM. Post on 7.4.2010.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 29.03.2010. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, 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.A. No. 1609 of 2010 3 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 to the extent indicated above. K.T. SANKARAN, JUDGE ln