IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2296 of 2009 ------------------------------------- (CRIME NO.17 OF 2009 OF THIRUVALLA EXCISE RANGE) PETITIONER/2ND ACCUSED ------------------------------------------ MADHU.P.K.,POLACHIRAYIL VEEDU, VENPALA,KUTTOOR,THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT/ COMPLAINANT -------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2296 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.17 of 2009 of Thiruvalla Excise Range alleging commission of offences punishable under Sections 55(a), 58 and 67B of the Kerala Abkari Act. The allegation is that on 31.3.2009 at about 9.30 a.m. the first accused who is a BSF jawan arrived at Thiruvalla Railway Station and he was found transporting 150 litres of Indian made foreign liquor in a petty autorickshaw driven by the petitioner/second accused. Learned counsel for the petitioner submits that the said autorickshaw was called for rent by the jawan in uniform and of course he was having three big iron trunks. Bona fidely believing that he was a genuine passenger, he was taken in his autorickshaw, according to the counsel. 2. I have heard the learned Public Prosecutor. Admittedly, the petitioner is only the driver of the petty autorickshaw in which the Indian made foreign liquor in B.A.No.2296 of 2009 2 question were being transported. Considering the circumstances of the case and also the fact that investigation is almost over, I think the petitioner herein who is only the driver of the petty autorickshaw can be granted bail. 3. Accordingly this application is allowed subject to the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.25000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla. ii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. Iii) Petitioner shall report before the investigating officer as and when his presence is required by him. C.T.RAVIKUMAR, JUDGE vns