IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 4085 of 2009() ----------------------------- CRIME NO.15/09 OF THANKAMONY EXCISE RANGE .................... PETITIONER/1ST ACCUSED ------------------------------------------ BALAKRISHNAN, AGED 53 YEARS, S/O.VASU THANNICKAL HOUSE, 5TH MILE KARA, KONNATHADI VILLAGE, UDAMBANCHOLA TALUK. BY ADV. SRI.P.T.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (EXCISE INSPECTOR, EXCISE RANGE, THANKAMANY) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4085 of 2009 --------------------------------------------- Dated this the 27th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.15 of 2009 of Thankamony Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 7.7.2009, the accused persons were found in possession of a quantity of 19 litres of Indian made foreign liquor which was kept in the house of the first accused for sale. The petitioner was arrested on 7.7.2009 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like BA No.4085/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Adimaly, 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