IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2405 of 2010 ----------------------------- CRIME No. 8/2010 OF KUMBLA EXCISE RANGE CMP.2436/2010 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED: -------------------------- MUHAMMED HANEEFA, S/O.ABDUL RAHIMAN, RISWANA MANZIL, PATHODI DESOM, MULINJA VILLAGE, KASARAGOD. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS/COMPLAINANTS: ----------------------------------- 1. THE EXCISE RANGE INSPECTOR, INSPECTOR OF EXCISE, KUMBLA EXCISE RANGE. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.S. HRITHIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. --------------------------------------------- Bail Application No.2405 of 2010 --------------------------------------------- Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by the accused in the above case under Section 439 of Cr.P.C. 2. The allegation against the petitioner is that he was found in possession of 100 bottles of foreign liquor each containing 180 ml on April7, 2010 at about12 O'clock in the night at Anjikkatta, Kasaragode District and thereby committed offences punishable under Section 55(a) of the Abkari Act. The Bail Application filed by the accused before the Magistrate was dismissed and he is in remand from April 7, 2010. 3. It is alleged in the petition that the petitioner is innocent of the offences alleged against him and that if released on bail, he is prepared to abide by any condition that may be imposed by this Court. 4. Notice given to the Public Prosecutor. Heard counsel for the petitioner and Public Prosecutor. The petition is opposed by the Public Prosecutor. BA No. 2405 of 2010 -:2:- 5. For the following reasons, I am inclined to grant bail to the petitioner. Petitioner was in remand from 07.04.2010 onwards. The Public Prosecutor submits that there are no other case against him. The Public Prosecutor has also submitted that the investigation of this case is almost over. Therefore, I feel that the petitioner can be released on bail but on conditions. 6. In the result, the petition is allowed. The petitioner shall be released on executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the lower court, on the following conditions: 1. Petitioners shall appear before the Investigating Officer on all Mondays and Fridays at 10 a.m. 2. Petitioner shall not commit similar offence while on bail. 3. Petitioner shall co-operate with the investigation and shall not try to intimidate or influence the witnesses. 4. Petitioner shall not leave the jurisdiction of the committal court without prior permission. BA No. 2405 of 2010 -:3:- If the petitioner violates any of the above conditions, the committal court can cancel his bail. P.Q. BARKATH ALI, Judge ttb