IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 3310 of 2009 C.R.NO.59 OF 2003 OF AMARAVILA EXCISE RANGE PETITIONER/3RD ACCUSED ------------------------------------------ THAMBI @ CHANDRAN, S/O.SAKUNTHALA, ROADARIKATHU VEEDU, KALLIMOODU, KALLIMOODU DESOM, VELLARADA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, AMARAVILA EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3310 OF 2009 ------------------------------------------------------ Dated this the 19th 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 accused No.3 in C.R.No.59 of 2003 of Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1), 8(2) and 55(a) and (g) of the Kerala Abkari Act. 3. The prosecution case is that on 5.3.2003, the accused persons were found manufacturing arrack. 550 litres of wash and 500 ml of arrack were seized. The petitioner could not be arrested as he ran away. Subsequently, he was arrested in 2009 in another case and, on production warrant, he was produced before Court in the present case on 3.4.2009. Learned Public Prosecutor submitted that charge was laid on 12.5.2009. Accused Nos.1 and 2 are on bail. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. B.A. NO. 3310 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – III, Neyyattinkara, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/