IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7146 of 2011 CRIME NO.37 OF 2010 OF EXCISE RANGE, THRISSUR PETITIONERS/ACCUSED NO.1: --------------------------------------- P.P.RAVI,S/O.PADMANABHAN, PUTHENPURAIKAL HOUSE, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, VALARA POST, IDUKKI DISTRICT. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.37/2010 OF EXCISE RANGE, THRISSUR). PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7146 of 2011 ------------------------------------------------------ Dated this the 22nd day of September, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.37 of 2010 of Excise Range, Thrissur. 2. The offence alleged against the petitioner is under Sections 56(b), 57(a) and 64 of the Abkari Act. 3. The prosecution case is the following: Toddy was brought in a vehicle by the accused. He was having permit for transporting of toddy. On inspection, it was found that the toddy contained 10.67 percentage by volume of Ethyl Alcohol and thus the offence was committed. 4. When the Bail Application came up for admission on 7th September, 2011, the following order was passed: Bail Appl. NO.7146 OF 2011 :: 2 :: “5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 16th and 17th of September, 2011. 6. Post on 22.9.2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.37 of 2010 of Excise Range, Thrissur, till September 25, 2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 7th September, 2011 has been complied with by the petitioner. Bail Appl. NO.7146 OF 2011 :: 3 :: 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 7th September, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/