IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 6327 of 2009() ----------------------------- CMP.3965/2009 of J.M.F.C.,KASARAGOD CRIME NO.30/2009 OF KUMBLA EXCISE RANGE, KASARAGOD .................... PETITIONER/ACCUSED: -------------------------------------- SATHEESA P.,S/O.NARAYANAN, SOORAM BAYAL,EDANADU VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/ COMPLAINANT/STATE: -------------------------------------------------------- 1. TEH EXCISE INSPECTOR, KUMBALA EXCISE RANGE. 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6327 of 2009 ------------------------------------ Dated this the 2nd 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 Crime No.30/2009 of Kumbla Excise Range, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 10/10/2009, the petitioner was found transporting 20 bottles of Indian made foreign liquor, each bottle containing 750ml. It is alleged that the Indian made foreign liquor seized from the petitioner was permitted for sale in Goa only. The petitioner was arrested on 10/10/2009 and he was remanded to judicial custody on 11/10/2009. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of 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 B.A. No. 6327/2009 2 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-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 scm