IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 923 of 2010() ---------------------------- CRIME NO.22/2010 OF SASTHACOTTA EXCISE RANGE APPLICANT/ACCUSED ------------------------------------- SIVAN PILLAI, PARAPURATHU VEEDU, (VISHNU VIHAR), THURUTHIKKARA MURI, KUNNATHOOR VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, ERNAKULAM (EXCISE INSPECTOR, SASTHAMKOTTATH EXCISE RANGE). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.923 of 2010 --------------------------------------------- Dated this the 18th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.22 of 2010 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 7.2.2010, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.850 litres of Indian made foreign liquor was seized from his possession. The petitioner was arrested on the spot. He was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 5. 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. BA No.923/2010 2 The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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 csl BA No.923/2010 3 BA No.923/2010 4 K.T.SANKARAN, JUDGE csl BA No.923/2010 5