IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 303 of 2010() ---------------------------- CR NO.2/2010 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SHAIJU, S/O.GANGADHARAN, PADMA VILASOM, IYOTHOTTUVA MURI, WEST KALLADA VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, THIRUVALLA EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.303 of 2010 --------------------------------------------- Dated this the 22nd day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in CR No.2 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 3.1.2010, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 4 litres of Indian made foreign liquor was seized from him. The petitioner was arrested on the same date. He is in judicial custody since then. 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.303/2010 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