IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6881 of 2009() --------------------------------------- CRIME NO.53/2009 OF VATAKARA EXCISE RANGE. PETITIONER/ACCUSED: -------------------------------------- SAJU ANTONY, S/O.ANTONY, AGED 37, KANDATHIL HOUSE, VILANGAD DESOM, VATAKARA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6881 of 2009 ------------------------------------ Dated this the 26th 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. 53/2009 of Vatakara Excise Range. 2. The offences alleged against the petitioner are under Section 55(a) of the Abkari Act and Rule 9 of the Foreign Liquor Rules. 3. The prosecution case is that on 6/11/2009, the petitioner was found transporting 18 litres of Indian Made Foreign Liquor. The petitioner was arrested on 6/11/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence 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 investigation, I am of the view that bail can be granted to the B.A. No. 6881/2009 2 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, Vatakara 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