IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7415 of 2009() ----------------------------- CR NO.41/2009 OF PEERMADE EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- THAJUDHEEN @ RAJU KHAN, S/O. KUNJUMOITHEEN, PUTHENTHUNDU PURAYIDAM, PALLUMEDAM DESOM, ANAVILASAM VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7415 OF 2009 ------------------------------------------------------ Dated this the 17th day of December, 2009 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.41 of 2009 of Peermade Excise Range, Idukki District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 30.11.2009, the petitioner was found transporting six litres of Indian Made Foreign Liquor. The petitioner was arrested on 2.12.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Learned Public Prosecutor submitted that on 30.11.2009 B.A. NO. 7415 OF 2009 :: 2 :: when the petitioner was attempted to be arrested, he attacked the Preventive Officer of the Excise Range and escaped. It is submitted that another crime is registered against the petitioner for the offence under Section 332 of the Indian Penal Code. In that case, he was arrested and he was later released on bail. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Peermade, 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, 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; B.A. NO. 7415 OF 2009 :: 3 :: 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 ahz/