IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Bail Appl..No. 15 of 2010 CRIME NO.200 OF 2009 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- KARTHIKEYAN, S/O.NARAYANAN, BINDHU BHAVANAM, PERUVELIKKARA MURI, SASTHAMCOTTA VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 15 OF 2010 ------------------------------------------------------ Dated this the 19th day of January, 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 Crime No.200 of 2009 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 19.12.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 450 ml of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 19.12.2009 and he is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in three other cases under the Abkari Act. In one such case, the petitioner was convicted. The appeal filed by the petitioner B.A. NO. 15 OF 2010 :: 2 :: is pending and execution of the sentence was suspended in that appeal. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. The above undertaking is recorded. 6. 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, the present stage of investigation and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties 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, till the final report is filed or until further orders; B.A. NO. 15 OF 2010 :: 3 :: 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/