IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 2759 of 2009() ----------------------------- CRIME NO.57/2009 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- BABUKUTTAN PILLAI, BABU BHAVANAM, KUTTIPURAM LAKSHAMVEEDU COLONY, KADAPPA MURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2759 of 2009 -------------------------------- Dated this the 16th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.57 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 getting information that the petitioner was engaged in sale of Indian made foreign liquor, the Excise Party went to the place along with the witnesses. The Excise Party found 9.75 litres of Indian made foreign liquor at the place. Some glasses were also found. 2 ten rupee notes were also seized from the place. The allegation is that the witnesses told the Excise Party that the petitioner was the person who was selling the Indian made foreign liquor and on getting information that the Excise Party was coming, the petitioner had left the place. 4. The petitioner apprehends arrest. It is submitted by the learned counsel for the petitioner that there is nothing to connect the petitioner with the offence. It is not proper to arrive at a conclusion on this aspect in this Bail Application, since it would cause prejudice either BA No.2759/2009 2 to the prosecution or to the accused. However, taking into account the facts and circumstances of the case and the materials on record, I am of the view that anticipatory bail can be granted to the petitioner under Section 438 of Crl.P.C. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/-with two solvent sureties for the like amount to the satisfaction of the officer concerned, 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl