IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 6219 of 2009 C.R.NO.129 OF 2009 OF KATTAPPANA EXCISE RANGE PETITIONER: ACCUSED: -------------------- SANTHOSH, S/O.CHANDRAN PILLAI, AGED 36 YEARS, KADOOR HOUSE, VAZHAVARA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.JOICE GEORGE RESPONDENTS: COMPLAINANT: STATE: --------------- 1. STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR, KATTAPPANAEXCISE RANGE OFFICE , KATTAPPANA , IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6219 OF 2009 ------------------------------------------------------ Dated this the 28th day of October, 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.129 of 2009 of Kattappana Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) and 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 10.10.2009, the petitioner was found engaged in the sale of illicit liquor. A quantity of 800 ml of coloured illicit liquor was found in the possession of the petitioner. The petitioner was arrested on the spot and he is in 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 B.A. NO. 6219 OF 2009 :: 2 :: 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. 6. 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, Kattappana, 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 ahz/