IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2442 of 2010(E) ------------------------------------------ (C.R. NO.08/2010 OF VANDIPERIYAR EXCISE RANGE) .................... PETITIONER/ACCUSED: ---------------------------------- ALEXANDER, S/O.SELVAMANI NADAR, THENGAKKAL ESTATE, PUTHUVALIL THAMASOM, MLAMALA PALLIKADA, MANJUMALA VILLAGE, PEERMADE TALUK. BY ADV. SRI.BIJU .C. ABRAHAM. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, VANDIPERIYAR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2442 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the accused in Crime No.08/2010 of Vandiperiyar Excise Range under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on 12.4.2010 at 3.30 P.M he was found to be in possession of 3.800 Liters of Indian made foreign liquor infront of the Fathima High School, Pallikada and thereby committed offence punishable under section 55 (a) of the Abkari Act. 3. The petitioner was arrested on the spot and is in remand thereafter. The Judicial First Class Magistrate Court, Peermade rejected his bail application. 4. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. 2 B.A. No. 2442 of 2010 5. For the following reasons, I am inclined to grant bail to the petitioner. One can possess 3 Liters of IMFL for his personal use as prescribed under SRO No.127/99 dated 5.2.1999. Further the learned Public Prosecutor submits that the investigation in this case is almost over. He is in remand from 12.4.2010 onwards. Therefore I feel that he can be released on bail but on conditions. 6. In the result, the petition is allowed. The petitioner shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer between 10 A.M. and 11 A.M. on all Mondays. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioners shall co-operate with the investigation and shall 3 B.A. No. 2442 of 2010 not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb