IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1790 of 2010() ----------------------------- CR NO.47/2010 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/2ND ACCUSED ------------------------------------------ BIJU, S/O.VIDYADHARAN, BIJU BHAVANAM, VALIYAPADAM MURI, EAST KALLADA VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1790 of 2010 --------------------------------------------- Dated this the 30th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in C.R.No.47 of 2010 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 13.3.2010, a quantity of 3.5 litres of Indian made foreign liquor was seized from the possession of accused No.1. Accused No.1 made a confession statement wherein he stated that he purchased the Indian made foreign liquor as directed by accused No.2 and it was meant for accused No.2. 4. The learned counsel for the petitioner submitted that apart from the fact that the confession made by a co-accused is not admissible against the petitioner, even if it is taken as true and also admissible, no offence under Section 55(i) of the Abkari Act is made out against the petitioner. BA No.1790/2010 2 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer who makes the arrest shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl