IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6640 of 2009() ---------------------------------------------- C.R. NO.42/2009 OF ANGAMALY EXCISE RANGE. .................... PETITIONERS/ACCUSED NOS.1,2: ------------------------------------------------ 1. SIVADASAN, S/O.VELAYUDHAN, AGED 36 YEARS, KADAYANTHARA HOUSE, MUNNOORPPILLY KARA, KARUKUTTY VILLAGE, ALUVA TALUK, ERNAKULAM. 2. ANOOP, S/O.RAJAN, AGED 32 YEARS, CHALIL HOUSE, MUNNOORPPILLY KARA, KARUKUTTY VILLAGE, ALUVA TALUK, ERNAKULAM. BY ADV. SRI.A.C.DEVY RESPONDENT/ COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6640 of 2009 ------------------------------------ Dated this the 13th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in C.R. No.42/2009 of Angamaly Excise Range. 2. The offence alleged against the petitioners is under Section 55(a)(g) of the Abkari Act. 3. The prosecution case is that on 12/10/2009, the Excise party conducted a search in a place near the river bank and found that the accused persons were manufacturing illicit arrack. A quantity of 35 litres of arrack and the utensils and implements for distilling arrack were seized. The petitioners were arrested on 12/10/2009 and they were remanded to judicial custody. 4. Application for bail filed by the petitioners was dismissed by the learned Sessions Judge by the order dated 2/11/2009. The investigation has progressed much thereafter. 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. 6640/ 2009 2 petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva subject to the following conditions:- A) The petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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