IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3329 of 2009() ----------------------------- CRIME NO.85/2009 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- VIJAYAN @ SANKARAN, S/O.NANOO, VIJITH BHAVAN, PAVUMBA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.VINCENT JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE INSPECTOR OF KARUNAGAPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.VIPINDAS THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3329 of 2009 -------------------------------- Dated this the 26th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.85 of 2009 of Karunagappally Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 16.5.2009, at 11 A.M., the Excise Inspector got a telephonic information that near the Milma Society, Pavumba, a person called Sankaran was engaged in selling liquor. The Excise Party reached the spot at 1.30 P.M. They found 2.7 litres of Indian made foreign liquor in 15 bottles near the compound wall of the Society. Nobody was seen selling the liquor or possessing the liquor. A Mahazar was prepared. There is no material, as of now, to connect the petitioner with the offence. The apprehension of the petitioner that he would be arrested on an accusation of having committed the offence is well founded. 4. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the BA No.3329/2009 2 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl