IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2132 of 2010() ----------------------------- O.R.NO.61/2007 OF HOSDURG EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- B.RAMACHANDRAN,S/O.DAMODARAN, AGED 40, BANGATTU DESOM, PANAYAL VILLAGE. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KEALA, REP.BY EXCISE INSPECTOR (OR NO.61/2009) EXCISE RANGE HOSDURG, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2132 of 2010 --------------------------------------------- Dated this the 8th day of April, 2010 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 OR No.61 of 2007 of Excise Range, Hosdurg. 2. The case is now pending as C.P.No.112 of 2009 on the file of the court of the Judicial Magistrate of the First Class-II, Hosdurg. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. It is submitted by the learned counsel for the petitioner that the prosecution case is that on 20.8.2007, the petitioner was found in possession of 40 litres of wash. The petitioner could not be arrested. He was absconding. Non bailable warrant was issued against the petitioner. It is stated that the petitioner filed a Criminal Miscellaneous Case before the High Court wherein the petitioner was directed to surrender before court. Accordingly, the petitioner surrendered before court on 22.3.2010. He was remanded to judicial custody. The prayer for bail was rejected by the order dated 22.3.2010. BA No.2132/2010 2 4. It is submitted that the petitioner was not aware of the pendency of the case. He was not absconding, submits the learned counsel for the petitioner. The petitioner is prepared to comply with any condition that may be imposed by the court. 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 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, subject to the following conditions: a) The petitioner shall appear before the court of the Judicial Magistrate of the First Class-II, Hosdurg on all the posting dates of the case without fail unless his absence is due to reasons beyond his control to the satisfaction of the learned Magistrate; b) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class-II, Hosdurg within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; BA No.2132/2010 3 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