IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 792 of 2010() --------------------------------- CMP.563/2010 of J.M.F.C.-II,KOTTARAKKARA C.R.NO. 5/2010 OF CHADAYAMANGALAM EXCISE RANGE .................... PETITIONER/ACCUSED : --------------------------- SHAIJU, S/O. MAMACHAN, SHAIJU BHAVAN, CHEKKATTUKONAM, UMMANNOOR VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 792 of 2010 ------------------------------------ Dated this the 25th 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. 5/2010 of Chadayamangalam 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 28.01.2010, the petitioner was found transporting 72 packets of Indian Made Foreign Liquor each packet containing 70ml each. On search of the residential premises of the petitioner, a packing machine and empty covers were also seized. The petitioner was arrested on 28.01.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is involved in two other abkari cases registered in the year 2008. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar B.A. No. 792 of 2010 2 nature while on bail in the present case. This 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 and also the undertaking, 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,-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 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. B.A. No. 792 of 2010 3 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