IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 6134 of 2011() ----------------------------- CRMP.2372/2011 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.29 OF 2011 OF THE THODUPUZHA EXCISE RANGE .................... ACCUSECD NO.2 --------------------------------- RONY,S/O.SEBASTIAN,AGED 30,RESIDING AT CHERUVALLATH HOUSE,MOOLAMATTOM,KSEB COLONY, IDUKKI DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): RESPONDENTS -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HONOURABLE HIGH COURT OF KERALA, ERNAKULAM,REPRESENTED BY EXCISE INSPECTOR, THODUPUZHA EXCISE RANGE OFFICE, THODUPUZHA. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6134 OF 2011 --------------------------------- Dated this the 2nd day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner, Rony, is presently accused No.1 in Crime No.29 of 2011 of the Thodupuzha Excise Range. 2.The offences alleged against the accused is under Sections 8(1) & (2) and Section 55-D of the Abkari Act. 3.The prosecution case is the following: Rony, the petitioner herein, is a Last Grade Servant in a school. He owns a taxi car and an autorickshaw. Rony had some ill feeling against Benny, who is an autorickshaw driver. The allegation is that on 1.7.2011, Rony asked his friends, the other accused in the case, to hire the autorickshaw of Benny. Accordingly, they hired the autorickshaw of Benny and went to a hospital. Benny was asked to wait. The B.A.No.6134 OF 2011 2 accused escaped from that place. They informed the Excise Officials that Benny was in possession of illicit arrack in his autorickshaw. On inspection of the autorickshaw, it was found that a quantity of 1.4 litres of arrack was kept there. Benny was taken to custody. There was a hue and cry in the locality against the arrest of Benny which led to a deep investigation. It was revealed that Rony and his friends were responsible for the incident and that Benny was not involved in the offence. Accordingly, Benny was deleted from the array of accused. 4. The petitioner was arrested on 1.7.2011 and he was remanded to judicial custody. 5.Taking into account the facts and circumstances of the case, and that the petitioner is in judicial custody on 1.7.2011 onwards, I am inclined to grant bail to the petitioner on stringent conditions. 6.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the B.A.No.6134 OF 2011 3 Judicial Magistrate of the First Class, Thodupuzha, 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 cms