IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5968 of 2009() ----------------------------- CRIME NO.96/09 OF EZHUKONE EXCISE RANGE, KOLLAM PETITIONER/ACCUSED -------------------------------------- SASIDHARAN PILLAI,S/O.RAGHAVAN PILLAI, VADAKKEPUTHEN VEEDU,CHERIYA MANGALATHU, THUNDANTHALA MURI,KOCHALUMOODU, UMMANNOOR VILLAGE,KOTTARAKARA,KOLLAM. BY ADV. SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, EZHUKONE EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5968 of 2009 --------------------------------------------- Dated this the 16th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.96 of 2009 of Ezhukone Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 1.10.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.180 litres of IMFL was seized from him. The petitioner was arrested on the same day and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of a similar nature. 5. 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 BA No.5968/2009 2 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, 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