IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 7003 of 2009() ------------------------------------ CRIME NO.40/2009 OF VAMANAPURAM EXCISE RANGE, THIRUVANANTHAPURAM ........... PETITIONER (S)/ ACCUSED -------------------------- BIJU @ PANKI BAIJU,S/O.SIVARAJAPILLAI, BEENA BHAVAN, AMBEDKAR COLONY, KOCHUVAYAL, BHARATHANNOOR, PANGODE VILLAGE, NEDUMANGAD TALUK. BY ADV. MR.S.RAJEEV RESPONDENT(S): STATE ------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.49/2009 OF VAMANAPURAM EXCISE RANGE) BY PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7003 of 2009 ------------------------------------ Dated this the 2nd 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 Crime No.49/2009 of Vamanapuram Excise Range, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 17/11/2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 1.25 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 17/11/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the B.A. No. 7003 /2009 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the undertaking, 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 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangadu 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. 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