IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 5152 of 2010() ------------------------------------------ (CR.NO.27/2010 OF VATAKARA EXCISE RANGE, KOZHIKODE DISTRICT) .... PETITIONER/ACCUSED: -------------------------------------- BALAN, S/O.KANNAN, PAYARULLA PARAMBATH HOUSE, KURIKKILAD DESOM, CHORODE AMSOM, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, VATAKARA EXCISE RANGE, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- BA No.5152 of 2010-F ------------------------------------- Dated 27th August 2010 Order This is a petition filed under S.439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is involved in Crime No.27/2010 of Vatakara Excise Range for having committed the offence punishable under S.55(a) of the Kerala Abkari Act read with R.9 of the Foreign Liquor Rules. 3. The Prosecution allegation is that on 16.08.2010, the petitioner was found to be in possession of 3.42 litres of Indian made foreign liquor. The petitioner points out that he is totally innocent and has been falsely implicated in the case. According to him, his continued custody is unnecessary. He, therefore, seeks bail. 4. The learned Public Prosecutor opposed the application, pointing out that the investigation is not yet BA No.5152/10 2 complete. 5. Being an offence falling under the Abkari Act, major part of the investigation must have been complete by now. Considering the quantity of the liquor seized, it is felt that continued custody of the petitioner is unnecessary. In the result, this application is allowed as follows : 1. The petitioner shall be released on bail on executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum, each to the satisfaction of the JFCM, Vatakara. 2. The petitioner shall report before the Investigating Officer on every Wednesday between 10 a.m. and 11 a.m. till final report is laid. 3. The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN, JUDGE sta BA No.5152/10 3 BA No.5152/10 4