IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6682 of 2011 CRMP.2483/2011 OF DISTRICT COURT, KASARAGOD C.R.NO.44 OF 2008 OF HOSDURG EXCISE RANGE PETITIONER: ACCUSED: -------------------- ZIRAJ.N., S/O.ABOOBACKER, AGED 33 YEARS MAMMILI HOUSE, VELLAYIKKOD, PERIMANNA, KOZHIKODE DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031. 2. THE CIRCLE INSPECTOR OF EXCISE HOSDURG RANGE, KASARAGOD PIN 671 315. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6682 OF 2011 ------------------------------------------------------ Dated this the 23rd day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.44 of 2008 of the Hosdurg Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 23.8.2008, the petitioner was found transporting 512 litres of spirit in an Alto car. The car was intercepted by the Excise Officials, but it was not stopped. The car was driven away. Later, it was found that the car was capsized. A quantity of 512 litres of spirit was seized from the car. The spirit was kept in sixteen cans. During investigation, the petitioner could not be arrested. The final report was filed on 20.11.2010 and the case is now pending as C.P.No.187 of 2010 on the file of the Court of the Judicial Magistrate of the First Class II, Hosdurg. On a warrant issued by the Court, the petitioner was Bail Appl. NO.6682 of 2011 :: 2 :: arrested on 25.7.2011 and he was produced before Court. The petitioner was remanded to judicial custody. The Bail Application filed by the petitioner was dismissed by the learned Magistrate by the order dated 26.7.2011 and by the learned Sessions Judge by the order dated 11.8.2011. 4. Heard the learned Senior Counsel appearing for the petitioner and the learned Public Prosecutor. It is submitted by the learned Senior Counsel appearing for the petitioner that the petitioner is prepared to comply with any condition that may be imposed by the Court. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Court concerned, subject to the following conditions: Bail Appl. NO.6682 of 2011 :: 3 :: a) The petitioner shall co-operate with the trial of the case and shall appear before Court on all the posting dates except where the petitioner cannot appear for reasons beyond his control to the satisfaction of the court; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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 ahz/