IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5429 of 2009 C.R.NO.25 OF 2009 OF BADIADKA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- K.THAMBAN NAIR,AGED 45, S/O.MADAVAN NAIR,R/AT MALLAM MUNDAPPALLAM, BOVIKKANAM DHESAM,MULIYAR VILLAGE,KASARAGODE. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, BADIADKA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5429 OF 2009 ------------------------------------------------------ Dated this the 25th day of September, 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.25 of 2009 of Badiadka Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 5.9.2009, the petitioner was found transporting four litres of arrack. The petitioner was arrested on 6.9.2009 and he is in judicial custody. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of a similar nature. 4. 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. B.A. NO. 5429 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Kasaragod, 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 as above. (K.T.SANKARAN) Judge ahz/