IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3880 of 2009() ----------------------------- CRIME NO.119/2008 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- HAREESH, S/O.RAMACHANDRA PILLAI, KALLUMPURATHU VEEDU, MANAKKARAMURI, SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE OFFICER, SASTHAMCOTTA EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD , SR.P.P. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3880 OF 2009 ------------------------------------------------------ Dated this the 17th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.R. No.119 of 2008 of the Excise Range, Sasthamcotta. 2. The offence alleged against the petitioner is under Section 55 (a)(i) of the Abkari Act. 3. The prosecution case is that on 1.11.2008, the Excise party got information that liquor was being sold near a petrol bunk. The Excise party went to the place and they found a cardboard box underneath a culvert. The box contained several bottles of Indian made foreign liquor. They did not find any person engaged in the sale. It is stated in the mahazar that, on enquiry with the inhabitants in the neighbourhood, they came to know that the Indian made foreign liquor was stocked there for sale by one Harish, son of Ramachandran Pillai. 4. I have perused the case diary. The case diary does not indicate that any witness was questioned in respect of the case. On what ground B.A. NO. 3880 OF 2009 :: 2 :: the investigating officer came to the conclusion that the petitioner is involved in the offence is not discernible from the CD file. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/