IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 6283 of 2009 -------------------------------------- (C.R. NO. 51/2009 OF ADOOR EXCISE RANGE) .......... PETITIONER/ ACCUSED: ----------------------------------- SURESH KUMAR, S/O. NARAYANA PILLAI, AGED 39 YEARS, SURESH BHAVANAM, THONNALLOOR VILLAGE, PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. MR.C.B.SREEKUMAR. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, ADOOR EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6283 of 2009 ------------------------------------ Dated this the 6th day of November, 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. 51/2009 of Adoor Excise Range. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 15/4/2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 11.350 litres of Indian made foreign liquor was seized from the scene of occurrence. The petitioner ran away. He could be arrested only on 20/10/2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner 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 B.A. No. 6283 / 2009 2 investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor 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