IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 695 of 2010() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.168/2010 DATED 20/01/2010 CRIME NO.6/2010 OF SASTHAMCOTTA EXCISE RANGE. .................... PETITIONER/ ACCUSED: ------------------------------------ RADHAKRISHNAN @ VAVACHAN, S/O.RAGHAVAN, NISHA BHAVAN, MUZHANGODI MURI, THODIYOOR VILLAGE, KARUNGAPPALLI TALUK. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY EXCISE INSPECTOR, SASTHAMKOTTA RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 695 of 2010 ------------------------------- Dated this the 22nd 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 Crime No.6 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 5/1/2010, the petitioner was engaged in the sale of Indian Made Foreign Liquor. A quantity of two litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 5/1/2010 and he is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other Abkari cases in the year 2009 and four abkari cases in 2008. It is also pointed out that while disposing of B.A. No.6818 of 2009, filed by the petitioner, on 30/11/2009, the undertaking made by the petitioner that he will not commit any offence of similar nature while on bail in that case was recorded. The present crime was committed after the B.A. No. 695 /2010 2 date of disposal of B.A. No.6818 of 2009. 5. The petitioner had filed B.A. No.168/2010 and that application was dismissed by the order dated 20/1/2010 in the light of the facts mentioned in paragraph 4 above. One month elapsed thereafter. 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 and the present stage of investigation, 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 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; B.A. No. 695 /2010 3 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 scm