IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5843 of 2009 CRIME NO.20 OF 2009 OF THALASSERY EXCISE RANGE PETITIONER/IST ACCUSED ------------------------------------------ GOVINDAN C.,SON OF KANNAN, CHEKYARAMBATH HOUSE,MUZHIPPILANGAD, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: STATE -------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5843 OF 2009 ------------------------------------------------------ Dated this the 12th day of October, 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 first accused in Crime No.20 of 2009 of Thalassery Excise Range. 2. The offences alleged against the accused persons are under Section 55(a) of the Abkari Act and Rules 9 and 26 of the Foreign Liquor Rules. 3. The prosecution case is that on 22.9.2009, a quantity of 34 litres of Indian Made Foreign Liquor was seized from the autorickshaw driven by the second accused. According to the prosecution, the petitioner was also travelling in the autorickshaw. The petitioner states that he runs a bar hotel in Mahe on partnership business, of which he is a partner. The allegation is that the petitioner is involved in the transportation of Indian Made Foreign Liquor. The petitioner was arrested on 22.9.2009 itself and he was remanded to judicial custody. B.A. NO. 5843 OF 2009 :: 2 :: 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of a similar nature. 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery, 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; B.A. NO. 5843 OF 2009 :: 3 :: 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 ahz/