IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2746 of 2010() ---------------------------------------- CMP.3881/2010 of J.M.F.C.-I,KOTTARAKKARA CR. NO.37/2010 OF KOTTARAKARA EXCISE RANGE . .................... PETITIONER/ACCUSED -------------------------------------- GOPALAKRISHNA PILLAI,AGED 46 YEARS, S/O.NARAYANA PILLAI,ANANDHU BHAVAN, KADATTU BHAGOM,VILANGARA MURI, PLAPPALLY, UMMANNOOR VILLAGE,KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT/STATE -------------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR,KOTTARAKARA EXCISE RANGE,KOTTARAKARA. BY PUBLIC PROSECUTOR MR.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. -------------------------------- B.A. No. 2746 OF 2010 --------------------------------- Dated this the 11th day of April, 2010 O R D E R ~~~~~~~ This is a bail application filed by the accused in Crime No.37/2010 of Kottarakara Excise Range under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on 23.4.2010 at about 11.15 A.M. he was found in possession of 6 litres of Indian Made Foreign Liquor for sale at Kottarakara and thereby committed an offence punishable under section 55(i) of the Abkari Act. 3. The petitioner was arrested on the spot and was remanded to judicial custody. Bail application filed by the petitioner before the Judicial I Class Magistrate-I, Kottarakara was dismissed by order dated 24.4.2010, a copy of which is produced along with this application. BA No.2746/2010 2 4. In this application it is stated that the petitioner is innocent of the offence alleged against him and that he is prepared to abide by any condition that may be imposed by this Court, if released on bail. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. For the following reasons I am inclined to grant bail to the petitioner. 6. The quantity of the Indian Made Foreign Liquor involved in this case is 6 litres. The learned Public Prosecutor submits that there is no other case pending against the petitioner and that the investigation is almost over. Further, he is in remand from 23.4.2010 onwards. Therefore, I feel that the petitioner can be released on bail but subject to conditions. 7. In the result, this application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent BA No.2746/2010 3 sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall report before the Investigating Officer on all Mondays between 9 A.M. and 10 A.M. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the trial court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. (P.Q. BARKATH ALI, JUDGE) ps