IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4870 of 2009() -------------------------------------- CMP.6170/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.36/2009 OF NEYYATTINKARA EXCISE RANGE. .................... PETITIONER/ACCUSED: -------------------------------------- ANILKUMAR @ JAYAN, S/O.CHARLES, MANCHAMKUZHY VEEDU, KOTTUKAL DESOM, KOTTUKAL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANTS: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4870 of 2009 --------------------------- Dated this the 7th day of September, 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 Crime No. 36/2009 of Neyyattinkara 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 27/07/2009, the petitioner was found transporting 231 litres of spirit. He was arrested on the same date. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in one another case of a similar nature. 5. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to abide by any conditions that may be imposed by this Court as a condition for grant of bail. The investigation has progressed much. 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 B.A. No.4870 /2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, 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 Fridays, 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 scm