IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Bail Appl..No. 2223 of 2009() --------------------------------------- CRIME NO.11/2009 OF VATAKARA EXCISE RANGE CMP.0038/2009 of J.M.F.C.-I,KOTTARAKKARA .................... PETITIONER/ACCUSED : --------------------------------- RAJAN, S/O.KANARAN, MUKKADANKANDIYIL HOUSE, MUTTUNGAL AMSOM, RAYARANGOT DESOM, VADAKARA TALUK. BY ADV. SRI.T.G.RAJENDRAN SRI. T.R. TARIN RESPONDENTS/ COMPLAINANT/STATE: --------------------------------- 1. THE EXCISE INSPECTOR, VADAKARA EXCISE RANGE. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. S.U. NAZAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No. 2223 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of April, 2009 O R D E R This is an application filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioner is the accused in Crime No.11/2009 of Vadakara Excise Range for an offence punishable under Section 55(a) of the Abkari Act on the allegation that he was found transporting 4.5 litres of Indian Made Foreign Liquor . Petitioner was arrested on 3-4-2009. 3. The facts are stated in the order of the court below, which is appended to this petition. Considering the quantity involved and also the fact that a good part of the investigation is over, bail needs to be granted. 4. The application is allowed as follows: 1) Petitioner shall be released on bail on his executing a bond for Rs.10,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. 2) Petitioner shall report before the BA 2223/09 -2- investigating officer on every Wednesday between 10 a.m. and 11 a.m. till final report is laid. 3) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN, JUDGE. mn.