IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2837 of 2009() ----------------------------- CRIME NO.18/2009 OF NEYYATTINKARA EXCISE RANGE ------------- PETITIONER/ACCUSED: --------------------------------------- PRAMOD, S/O.CHANDRAN PILLAI, KADAKKAMON DESOM, PUNNALA VILLAGE, PATHANAPURAM TALUK. KOLLAM DISTRICT. BY ADV. SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT: --------------------------- STATE, THROUGH THE EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.2837 of 2009 ---------------------------------- Dated this the 29th day of May, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.18 of 2009 of Neyyattinkara Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that the accused were found transporting spirit in a Santro car. Even though they were asked to stop the vehicle, they did not do so. Later, the vehcile was intercepted. On inspection, 20 cans having a capacity of 35 litres each in which 33 litres each of spirit was found in the car. The petitioner was arrested on 6.4.2009 and he is in judicial custody since then. 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. 5. The petitioner shall be released on bail on his executing bond for Rs. BA No.2837/2009 2 1 lakh with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara, 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 BA No.2837/2009 3 K.T.SANKARAN, JUDGE csl BA No.2837/2009 4