IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 7154 of 2009() ------------------------------------------ (C.R.NO.41/2009 OF ANGAMALY EXCISE RANGE OFFICE,ERNAKULAM DIST.) PETITIONER/ACCUSED: --------------------------------------- ANISH, S/O.SEBASTIAN, VADAPPURATHU VEEDU, GOTHURUTHU KARA, CHANDAMANGALAM VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT. BY ADV. MR.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INPSECTOR, ANGAMALY EXCISE RANGE, ERNAKULAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7154 of 2009 ------------------------------------ Dated this the 4th 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 the accused in C.R No. 41/2009 of Angamaly 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 11/10/2009, the petitioner was found transporting 735 litres of spirit in a Fiat Palio Car. The petitioner was arrested on 11/10/2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other offence of similar nature. The counsel also submits that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded 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 also the undertaking, I am of the view that bail can be granted to the petitioner on B.A. No. 7154/2009 2 stringent conditions. 6. 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-II, Aluva 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 for a period of two months and thereafter on every Monday, 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 scm