IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7345 of 2009 CRIME NO.110 OF 2009 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA. PETITIONER/ACCUSED -------------------------------------- PRASANNAN NAIR, S/O.KARUNAKARA KURUP, KALLIMEL SREENILAYAM VEEDU, KARUVATTA NORTH. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY EXCISE INSPECTOR, KARTHIKAPPALLY RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7345 OF 2009 ------------------------------------------------------ Dated this the 14th day of December, 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.110 of 2009 of Karthikappally Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 21.11.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor and Beer in a wayside restaurant. A quantity of 2.2 litres of Indian Made Foreign Liquor and 19.5 litres of Beer were seized. The petitioner was arrested on 21.11.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the B.A. NO. 7345 OF 2009 :: 2 :: 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Haripad, 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/