IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 868 of 2010() ---------------------------- CRIME NO.1/2010 OF AMARAVILA EXCISE RANGE .................... PETITIONER/1ST ACCUSED ------------------------------------------ VIMALKUMAR, S/O. HINDRANCE, AGED 26 YEARS, KALLAMPOTTA VEEDU, MYTHRI NAGAR, VALIYAVILA, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI 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 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.868 of 2010 --------------------------------------------- Dated this the 22nd day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1 of 2010 of Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 4.1.2010, accused Nos.1 and 2 were found transporting 462 litres of spirit in a Maruti car. The petitioner was arrested on 4.1.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 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 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 BA No.868/2010 2 bond for Rs.25,000/- 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 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; 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