IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 1675 of 2010() --------------------------------- CMP.656/2010 of J.M.F.C., KATTAPPANA C.R.NO. 31/2010 0F EXCISE RANGE, KATTAPPANA .................... PETITIONER/1ST ACCUSED: -------------------------------- RAJESH, S/O.SASI, ARIPPARAYIL HOUSE, KALTHOTTY P.O., AYYAPPANCOVIL VILLAGE. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/COMPLAINANT: ------------------------------------ STATE OF KERALA, THE EXCISE INSPECTOR, KATTAPPANA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1675 of 2010 ------------------------------------ Dated this the 19th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R. No. 31/2010 of Excise Range, Kattappana, Idukki District. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 07.03.2010, the petitioner was found in possession of 6 litres of Indian Made Foreign Liquor for sale in a toddy shop run by accused No.2. The petitioner was arrested on 07.03.2010 and he was remanded to 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.15,000/- with two solvent sureties each for the like B.A. No. 1675 of 2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kattappana 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 ln