IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 959 of 2010(F) ---------------------------------------- [C.M.P.NO.314/2010 OF JUDICIAL I CLASS MAGISTRATE COURT, SASTHAMCOTTA, C.R.NO.8/2010 OF SASTHAMCOTTA EXCISE RANGE] .................... PETITIONER/ACCUSED: ----------------------------------- NANAPPAN, S/O. KANNAN, MANATHALATHARA PUTHEN VEEDU, IYTHOTTUVA MURI, WEST KALLADA VILLAGE, KUNNATHOOR TALUK. BY ADVS. MR.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), MR.A.R.DILEEP, MR.GEORGE RAJU, SMT.SURYA SASI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE, SASTHAMCOTTA. R1 & R2 BY PUBLIC PROSECUTOR MR. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 959 of 2010 ------------------------------------ Dated this the 18th day of February, 2010 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.8 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 12.1.2010, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 4.5 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 12.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was convicted for an abkari offence in Sessions Case No.429 of 2006 by the Additional Sessions Court (Adhoc III), Kollam as per the judgment dated 30.6.2009. 5. Bail Application No. 334/2010 filed by the petitioner for regular bail was dismissed by this court by the order dated 25.01.2010. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A.No.959 of 2010 2 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 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, Sasthamcotta 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, 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 ln