IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2594 of 2009() ----------------------------- CMP.1354/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO.60/08 OF NEYYATINKARA EXCISE RANGE PETITIONER/ACCUSED. --------------------------------------- SABU @ SAM, S/O. SASIDHARAN NAIR, SARSWATHY VILASOM VEEDU, CHAPPATH, MARAYAMUTTOM DESOM, PERUNKADAVILA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT. --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2594 of 2009 ----------------------------------------- Dated this the 5th 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 the accused in Crime No.60/08 of Neyyattinkara Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that the petitioner was found transporting 608 litres of spirit on 27.11.2008. He could not be arrested as he ran away abandoning the vehicle. The petitioner was arrested in another case in Tamil Nadu. The formal arrest was recorded in this case on 13.4.2009. He 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 investigation, I am of the view that bail can be granted to the petitioner. BA.2594/09 2 5. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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 vgs.