IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1890 of 2010() ---------------------------------- CRIME NO. 16/2010 OF CHADAYAMANGALAM EXCISE RANGE .................. PETITIONER/ACCUSED : --------------------------- ABDUL GAFOOR, S/O.ABDUL SAMAD, AGED 57, NOW RESIDING AT KUZHIVISHINJATHIL VEEDU, VAYAKKAL THOTTAM MUKKU, EDAYAM, EDAMULAKKAL VILLAGE, PATHANAPURAM TALUK, THOPPIL VEEDU, S.N.JUNCTION, VAKKOM VILLAGE,CHIRAYINKEEZHU TALUK. BY ADV. SRI.R.ARUN RAJ RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE (CRIME NO.16/2010), CHADAYAMANGALAM, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. I.V.PRAMOD PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1890 of 2010 ------------------------------------ Dated this the 31st day of March, 2010 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. 16/2010 of Chadayamangalam Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 15.03.2010, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 2.25 litres of I.M.F.L. was seized from the possession of the petitioner. The petitioner was arrested on 15.03.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 5. 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. B.A. No. 1890 / 2010 2 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara 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 ln