IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3875 of 2009() -------------------------------------- C.R. NO.67/2009 OF EZHUKONE EXCISE RANGE. PETITIONER/ACCUSED: -------------------------------------- BAKTHAVEERAN, S/O.GOPALAN, MELEVILAPUTHANVEEDU, EZHUKONE DESOM, EZHUKONE VILLAGE, KOTTARAKKARA. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT/COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, EZHUKONE EXCISE RANGE. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3875 of 2009 ------------------------------------ Dated this the 16th day of July, 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 C.R No.67/2009 of Ezhukone Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 1/07/2009, the petitioner was found engaged in the sale of 3.75 litres of Indian made foreign liquor. He was arrested on that date itself. The petitioner is in judicial custody. 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 for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 3875 / 2009 Page numbers Class-I, Kottarakkara 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 scm