IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Bail Appl..No. 7726 of 2011() ----------------------------- CRIME NO.70/2011 OF PATHANAMTHITTA EXCISE RANGE .................... PETITIONER (S): ACCUSED ------------------------------ SAJIKUMAR, AGED 42 YEARS, S/O.NARENDRANATH, THANINILKKUNNATHIL HOUSE MUNDUKOTTACKAL, MELEVETTIPPURAM PATHANAMTHITTA VILLAGE & DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7726 of 2011 --------------------------- Dated this the 27th day of September, 2011 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 Crime No.70 of 2011 of Pathanamthitta Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) & (i) and Section 67B of the Abkari Act. 3. The prosecution case is that on 11.9.2011, the petitioner was found in possession, intended for sale, of 16.125 litres of Indian made foreign liquor in his autorickshaw. The petitioner was arrested on 11.9.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that there was dispute with respect to the installation of a transformer in front of the house of the petitioner and the BA 7726/11 2 petitioner had filed a Writ Petition before the High Court in which the councillor of the Municipality was the third respondent. Due to the enmity of the councillor towards the petitioner, he was falsely implicated in the case. It is submitted that the petitioner is an autorickshaw driver and at the relevant time, the autorickshaw was being parked in the queue meant for autorickshaws. According to the petitioner, the contraband was planted by the henchman of the Corporation Councillor to see that the petitioner is put in jail. 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta, subject to the following conditions: BA 7726/11 3 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