IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4665 of 2009() ------------------------------------ CMP.5705/2009 of J.M.F.C., SASTHAMCOTTA CRIME NO. 107/2009 OF SASTHAMCOTTAH EXCISE RANGE .................... PETITIONER/ACCUSED : ----------------------------------- JAYAKUMAR, S/O. JANARDHANAN, PANAGATTU VEEDU, EYTHOTTUVA MURI, WEST KALLADA VILLAGE, KUNNATHOOR, SASTHAMCOTTAH, KOLLAM DISTRICT. BY ADV. SRI. B. MOHANLAL RESPONDENT/RESPONDENT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR SATHAMCOTTAH EXCISE RANGE, KOLLAM DISTRICT. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4665 of 2009 ------------------------------------ Dated this the 20th day of August, 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 Crime No. 107/2009 of Sasthamcottah 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 7.08.2009, the petitioner was found transporting 4.5 litres of Indian made foreign liquor. He was arrested on the same day 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.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 4665 of 2009 2 Class, Sasthamcottah 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