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. 2367 of 2009() ----------------------------- CRIME NO.17/2009 OF NEYYATTINKARA EXCISE RANGE .................... PETITIONER (S): ACCUSED -------------------- BIJU, S/O. MANI, HOUSE NO.4, NIRMALA GANESH COMPOUND, SINDHOORA NAGAR, KOTTAR, NAGARCOIL, KANAYAKUMARI DIST. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): COUNTER PETITIONER --------------- STATE OF KERALA, REP. BY THE DIRECTOR GENERAL OF PROSECUTION, 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.2367 of 2009 --------------------------------- Dated this the 29th day of May, 2009 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.17 of 2009 of Neyyattinkara Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a), 58 and 67B of the Abkari Act. 3. The prosecution case is that the accused was found transporting 1485 litres of spirit on 2.4.2009. He was arrested on the same day and was remanded to judicial custody. From 2.4.2009, the petitioner is in judicial custody. 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 BA No.2367/2009 2 for Rs.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.2367/2009 3 BA No.2367/2009 4 K.T.SANKARAN, JUDGE csl 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. with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, , subject to the following conditions: BA No.2367/2009 5 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 K.T.SANKARAN, JUDGE csl BA No.2367/2009 6