IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1717 of 2010 C.R.NO.4 OF 2010 OF CHAVAKKAD EXCISE RANGE, THRISSUR DISTRICT PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. SANTHOSH, S/O.RAMAKRISHNAN, PERUMANGADU HOUSE, MUTHUKURUSSI DESOM, THACHANPARA VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. HARISH, AGED 27 YEARS, S/O.SIVADASAN, ILLATHU HOUSE, VENGERI DESOM, VENGERI VILLAGE, KOZHIKODE DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.NIREESH MATHEW SRI.M.G.KARTHIKEYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHAVAKKAD, THRISSUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1717 OF 2010 ------------------------------------------------------ Dated this the 29th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in C.R. No.4 of 2010 of Chavakkad Excise Range, Thrissur District. 2. The offences alleged against the petitioners are under Sections 56(b) and 57(a) of the Abkari Act. 3. When the Bail Application came up for hearing on 17.3.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 22nd and 23rd March, 2010. B.A. NO. 1717 OF 2010 :: 2 :: Post on 29.3.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with C.R. No.4 of 2010 of Chavakkad Excise Range, Thrissur District. The petitioners shall produce copy of the order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 17.3.2010 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 17.3.2010 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the B.A. NO. 1717 OF 2010 :: 3 :: satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/