IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 6011 of 2009() ----------------------------- CRIME NO.30/2007 OF THIRUVALLA EXCISE RANGE PETITIONERS: ACCUSED ------------------------------ 1. VARGHESE THOMAS, S/O.THOMAS VARGHESE, PALAKKATTETHU VEEDU, KOIPRAM VILLAGE, THIRUVALLA TALUK. 2. M.G.SUNILKUMAR, S/O. GOPI,MUKKUZHEEKKAL VEEDU, PURAMATTOM VILLAGE, MALAPPALLY TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.30/2007 OF THIRUVALLA EXCISE RANGE) KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6011 of 2009 --------------------------------------------- Dated this the 20th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.5 and 6 in Crime No.30 of 2007 of Thiruvalla Excise Range. 2. The offence alleged against the petitioners is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 23.4.2007, the accused persons were found in possession of 18 litres of arrack. The petitioners surrendered before court on 25.8.2009 in another case. Their formal arrest was recorded in the present case on 25.9.2009. After completing the investigation, charge was laid in the case. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and also the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners. BA No.6011/2009 2 The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: a) The petitioners shall report before the Excise Inspector, Thiruvalla Excise Range between 9 A.M. and 11 A.M. on alternate Mondays, until further orders; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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