IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Bail Appl..No. 3484 of 2009() ----------------------------- CRIME NO.19/2007 OF THIRUVALLA EXCISE RANGE PETITIONER (S): ACCUSED NO.2 --------------------------------------------------- KRISHNAKUMAR, S/O.CHELLAPPAN, KANATHATTU VEEDU, KOZHIMALA P.O., ERAVIPEROOR VILLAGE, THIRUVALLA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.3484 of 2009 ------------------------------------ Dated this the 29th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.19 of 2007 of Thiruvalla Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 23.2.2007, three accused persons were found dealing with 235 litres of spirit. The first accused was arrested on the date of the incident. Accused Nos.2 and 3 ran away. The third accused was subsequently arrested. The petitioner was arrested in connection with another crime and his formal arrest was recorded in the present case on 14.5.2009. The petitioner is in judicial custody. 4. The learned public prosecutor submitted that the charge was laid on 25.6.2009. 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 fact that the charge was laid, I am of the BA No.3484/2009 2 view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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.3484/2009 3