IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4246 of 2009() ------------------------------------- CRIME NO. 112/2009 OF KARUNAGAPALLY EXCISE RANGE. ................................ PETITIONER/2ND ACCUSED : ------------------------------------------ BIJU, S/O.KUTTAPPAN, PUTHUCHIRAYIL HOUSE, VADAKKU KOCHU MURI, PUTHUPALLY VILLAGE, KARTHIKAPALLY. BY ADV. SRI. T.. GOPALAKRISHNAN RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN HEARD ON 13.08.2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4246 of 2009 ------------------------------------ Dated this the 13th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 112/2009 of Karunagapally Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1) (2) and Section 55 (g) of the Abkari Act. 3. The prosecution case is that on 08.07.2009, accused Nos. 1, 2 and 3 were found transporting 200 litres of arrack in an Autorickshaw. When the Excise Party intercepted the vehicle, accused Nos. 1 and 3 ran away. The second accused was arrested on the spot. On the basis of the statement given by the second accused, a search was conducted in the house of the 4th accused and 50 litres of arrack, 110 litres of wash and utensils and implements for distillation of arrack were seized from the house of the 4th accused. The petitioner is in judicial custody since 08.07.2009. Accused Nos. 1 and 3 have not been arrested so far. 4. The application filed by the petitioner for the grant of bail was dismissed by the learned Magistrate as per the order B.A. No.4246 of 2009 2 dated 13.07.2009. One month has elapsed since the order passed by the learned Magistrate. 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 on stringent conditions. . 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagapally 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 and Thursdays, 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. B.A. No.4246 of 2009 3 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 ln