IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6635 of 2009() ------------------------------------------ CMP.13266/2009 of J.M.F.C. - I, KARUNAGAPPALLY C.R.NO. 191/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM. .................... PETITIONER/ACCUSED: -------------------------------------- DEVARAJAN S/O.BALAN, PUTHENPURAYIL HOUSE PAYYIKUZHI MURI, OACHIRA VILLAGE KARUNAGAPPALLY. BY ADV. SRI.B.HARISH KUMAR RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR OF POLICE KARUNAGAPPALLY, EXCISE RANGE, KARUNAGAPPALLY REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. SRI. P.A. SALIM, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6635 of 2009 ------------------------------------ Dated this the 12th day of November, 2009 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.191/2009 of Karunagappally 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 2/11/2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.450 litres of Indian made foreign liquor was seized. The petitioner was arrested on the same date and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the marriage engagement of the son of the petitioner was scheduled to be held on 8/11/2009 and a function was arranged in connection with the same on 2/11/2009, wherein the friends of the petitioner participated. At that time liquor was also used. There was no sale of Indian made foreign liquor. It is also submitted by the petitioner that the engagement was later B.A. No. 6635/2009 2 postponed to 16/11/2009. If the petitioner remains to be in jail,it is submitted that the future of the son of the petitioner will be lost. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally 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 B.A. No. 6635/2009 3 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