IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 3882 of 2009() ----------------------------- CRIME NO.39/2009 OF AMARAVILA EXCISE RANGE .................... PETITIONER/IST ACCUSED ------------------------------------------ V.RAVIKUMAR, AGED 40 YEARS, S/O.R.VELAYUDHAN, KOLLAMVILAKATHU VEEDU, KALLIYOOR DESOM, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): 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 BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3882 of 2009 --------------------------------------------- Dated this the 24th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.39 of 2009 of Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 17.6.2009, the petitioner and the other accused were found transporting 192 litres of spirit in a car. The petitioner was arrested on 17.6.2009 and he is in judicial custody. 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. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like BA No.3882/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, 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, 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 csl