IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2851 of 2009() ----------------------------- CRIME NO.19/09 OF EXCISE RANGE, KANNUR. PETITIONER/ACCUSED -------------------------------------- KANNOTH VINODAN,S/O.KUNHIRAMAN, AGED 49 YEARS,KANNOTH KUNDANCHERY HOUSE, ANJARAKKANDY AMSOM,MAMBA DESOM,KANNUR TALUK. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA,REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE S.H.O.KANNUR EXCISE EXCISE INSPECTOR,KANNUR EXCISE, RANGE OFFICER KANNUR. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2851 of 2009 ----------------------------------------- Dated this the 2nd June, 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.19/09 of Excise Range, Kannur. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that the petitioner was found transporting 18 litres of Indian made foreign liquor in 36 bottles of 500 ml each on 1.5.2009. That was on a day when sale of Indian made foreign liquor was prohibited. The petitioner was arrested on the same day. He is in judicial custody. 4. 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. BA.2851/09 2 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Thalassery, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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; 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 vgs.