IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6098 of 2011() ----------------------------- (CRIME NO.85 OF 2007 OF AMARAVILA EXCISE RANGE) .................... PETITIONER/A1 --------------------------------- MURUKAN, S/O.CHAMI, MANIKKATHUKULAM, NELLEPPALLY P.O., PARAKKALAM DESOM, ELAPPALLY, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, AMARAVILA EXCISE RANGE, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6098 OF 2011 --------------------------------- Dated this the 1st day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the 1st accused in Crime No.85 of 2007 of the Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 67-B of the Abkari Act. 3. The prosecution case is that on 15.12.2007 at 4 P.M, the excise party intercepted a lorry bearing registration No.TN-05/AB 4839. On search, it was found that 220 cans of spirit, each can containing 35 litres, were kept in the vehicle. Two persons who were in the lorry ran away. The prosecution case is that the petitioner was driving the lorry at the relevant time. The petitioner was arrested on 13.6.2011 and he was remanded to judicial custody. B.A.No.6098 OF 2011 2 4. After completing the investigation, final report was filed on 25.6.2011. Since final report is filed, it is not necessary to detain the petitioner further. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Neyyattinkara, subject to the following conditions: A) The petitioner shall report before the Excise Circle Inspector, Amaravila Excise Range, on every Monday between 9 A.M. and 11 A.M., till the trial of the case is over or until further orders; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No.6098 OF 2011 3 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. cms