IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Bail Appl..No. 4720 of 2009() ----------------------------- CR NO.39/2009 OF PERUMBAVOOR EXCISE RANGE PETITIONER/IST ACCUSED ------------------------------------------ ANEESHKUMAR, S/O.NARAYANAN, PINAKKANAPPADI HOUSE, PADIKKALEPPARA, IYMURI, KOOVAPPADY, PERUMBAVOOR. BY ADV. SRI.T.M.RAMAN KARTHA SRI.K.S.ARUN KUMAR RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, PERUMBAVOOR RANGE. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4720 of 2009 --------------------------------------------- Dated this the 21st day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in C.R.No.39 of 2009 of Excise Range, Perumbavoor. 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 12.6.2009, the accused persons transported 1023 litres of spirit. The petitioner was arrested on 12.6.2009 and he was remanded to 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. 4720/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Perumbavoor, 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