IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2828 of 2009 CR.NO.16 OF 2009 OF VATAKARA EXCISE RANGE CMP.2541/2009 of J.M.F.C.,VADAKARA PETITIONER/ACCUSED -------------------------------------- BIJU, S/O,NANU,AGED 30, NALUNADEMMAL HOUSE, VATAKARA AMSOM. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, VATAKARA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2828 OF 2009 A ------------------------------------------------------ Dated this the 29th May, 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 Cr. No.16 of 2009 of Vadakara Excise Range. 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 unauthorisedly 9 litres of Indian Made Foreign Liquor from Mahe to Kerala on 8.5.2009. The petitioner was arrested and was remanded to judicial custody on 8.5.2009 itself. 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. 5. The petitioner shall be released on bail on his executing bond B.A. NO. 2828 OF 2009 :: 2 :: for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vadakara, 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 ahz/