IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4566 of 2009() ----------------------------- CRIME NO.112/2009 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- RAJU, S/O.MADHAVAN, VALLATHARA THEKKATHIL HOUSE, VADAKKU KOCHUMURI, PUTHUPPALLY VILLAGE, KARTHIKAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4566 of 2009 --------------------------------------------- Dated this the 17th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the fourth accused in Crime No.112 of 2009 of Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) and Section 55(g) of the Abkari Act. 3. The prosecution case is that on 8.7.2009, the Excise officials found the second accused engaged in transporting 200 litres of arrack in an autorickshaw. On the basis of information given by the second accused, a search was conducted in the house of the fourth accused. It was found that the fourth accused was keeping apparatus and utensils for distilling arrack and 50 litres of arrack and 110 litres of wash. The fourth accused was arrested on 8.7.2009 and he is in judicial custody. 4. Bail Application No.4123 of 2009 filed by the petitioner was dismissed on 29th July 2009 on the ground that the investigation was at the initial stage. 5. Learned public prosecutor submitted that the BA No.4566/2009 2 investigation has progressed much. 6. 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 on stringent conditions. 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, Karunagappally, 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 and Thursdays, 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