IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1476 of 2010() ----------------------------- CMP.3017/2010 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO. 35/2010 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM. .................... PETITIONER/IST ACCUSED: ---------------------------------------- SATHEESAN, S/O. PEETHAMBHARAN, ADISSERIL HOUSE, ADINADU NORTH, KULASEKHARAPURAM, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT/ COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1476 of 2010 ------------------------------------ Dated this the 25th 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 Crime No.35/2010 of Karunagappally 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 27/2/2010, the petitioner was found transporting 15.775 litres of Indian Made Foreign Liquor, in an autorickshaw. The petitioner was arrested on 27/2/2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three cases, one each in 2005, 2008 and 2009. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. B.A. No. 1476/ 2010 2 6. 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 also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. 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 Class, Karunagappally 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 and Thursdays for a period of two months and thereafter on 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. B.A. No. 1476/ 2010 3 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