IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 5318 of 2009() ----------------------------- CR NO.105/2009 OF KATTAPPANA EXCISE RANGE APPLICANT/ACCUSED ------------------------------------- MATHEW JOSEPH @ JOMON, S/O.JOSEPH, AGED 21 YEARS, THURAVATHAKKAL HOUSE, MATTUKATTU KARA, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE EXCISE INSPECTOR, KATTAPPANA EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5318 of 2009 --------------------------------------------- Dated this the 22nd day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.105 of 2009 of Kattappana Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 5.9.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 5.625 litres of Indian made foreign liquor was seized from the petitioner. The petitioner was arrested on 5.9.2009. He is in judicial custody since then. It is submitted by the learned Public Prosecutor, on instructions, that the petitioner is not involved in any other offence 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 BA No.5318/2009 2 petitioner. 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, Peerumede, 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 csl