IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4797 of 2009 C.R.NO.68 OF 2008 OF KARTHIKAPPALLY EXCISE RANGE CRMP.3656/2009 of J.M.F.C., HARIPAD PETITIONER/ACCUSED -------------------------------------- NIJU @ ANI,S/O.RAVI, VADAKKEKATTIL VEEDU,PALLANA MURI, THRUKKUNNAPUZHA MURI, KARTHIKAPPALLY TALUK. BY ADV. SRI.K.HARILAL RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR, KARTHIKAPPALLY EXCISE RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4797 OF 2009 ------------------------------------------------------ Dated this the 7th September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.68 of 2008 of Karthikappally Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 17.7.2008, the petitioner was found in possession of 1885 litres of wash. The formal arrest of the petitioner was recorded on 28.7.2009, after he was arrested on 12.7.2009 in connection with Crime No.32 of 2009 of Haripad Police Station. 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. B.A. NO. 4797 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 – I, Haripad, 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 ahz/