IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2189 of 2009() ----------------------------- MP.1343/2009 of J.M.F.C. - I, PARAVUR CR.NO.8/09 OF PARAVUR EXCISE RANGE. .................... PETITIONER/5TH ACCUSED ------------------------------- V.S.PRADEEP KUMAR, AGED 47 YEARS, S/O.SAHADEVAN, VENNARATHIL, CHALAKKUDI, EAST CHALAKKUDI, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) STATE OF KERALA/ COMPLAINANT ------------------------------------ THE STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM, PARAVUR EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------------------- Bail Application No.2189 OF 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF MAY, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure. 2. Petitioner is the 5th accused in CR.No.8/09 of Paravur Excise Range, alleging offence punishable under sections 55(a) of the Abkari Act. The allegation is that the petitioner was found in possession of 980 litres of arrack. The petitioner was arrested on 24.3.2009 and since then he has been in judicial custody. It is submitted that all the other accused were already enlarged on bail. 3. I have heard the learned Public Prosecutor. 4. Considering the quantity of the arrack involved and the fact that the petitioner has been under judicial custody since 24.3.2009 and all the other accused persons were enlarged on bail, I think the petitioner can also be enlarged on bail. 5. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner is directed to be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of the J.F.C.M., N.Paravur. B.A.No.2189/09 -2- (ii) Petitioner shall report before the Investigating Officer, as and when his presence is required by him. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE. dsn