IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4888 of 2009() ----------------------------- CRIME NO.17/2008 OF NEYYATTINKARA EXCISE RNAGE .................... PETITIONER/ACCUSED -------------------------------------- ANILKUMAR @ JAYAN, S/O. CHARLES, MANJAMKUZHY VEEU, KOTTUKAL DESOM, KOTTUKAL VILLAGE BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP. VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4888 of 2009 --------------------------------------------- Dated this the 9th day of September, 2009 ORDER 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 2008 of Neyyattinkara Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 67B of the Abkari Act. 3. The prosecution case is that a quantity of 66 litres of spirit was found in an Ambassador car bearing registration No.KL U/7748 belonging to the petitioner on 4.3.2008. The petitioner was arrested in connection with another Abkari case. His formal arrest was recorded in the present case on 11.8.2009. 4. The learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence, if bail is granted in the present case. 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 BA No.4888/2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 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-II, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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