IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 6064 of 2009() ----------------------------- CRIME NO.145/2009 OF SASTHAMCOTTA EXCISE RANGE .................... PETITIONER (S): ACCUSED; ---------------------------- VASANTHAN, S/O.CHELLAPPAN, RESIDING AT KALEELIL VEEDU, EYTHOTTUVA MURI, WEST KALLADA VILLAGE, KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.HARISH GOPINATH RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6064 of 2009 --------------------------------------------- Dated this the 21st day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.145 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 30.9.2009, the petitioner along with another accused was found in possession of and transporting 20 litres of Indian made foreign liquor intended for sale. The petitioner was arrested on the same day and he was remanded to judicial custody. It is submitted that the petitioner is the driver of the autorickshaw. The passenger in the autorickshaw ran away on seeing the Excise Officials. 4. 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 BA No.6064/2009 2 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, 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) 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