IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Bail Appl..No. 8200 of 2011() ----------------------------- CRIME NO.45 OF 2011 OF PATTAMBI EXCISE RANGE .................... PETITIONERS/ACCUSED : --------------------------- 1. RAMANUNNI, S/O.KUNCHI, KARUPARAMBU VEETTIL, NEDUNGOTTUR AMSOM, THIRUVEGAPPURA VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. MANIKANDAN, S/O.KUNCHI, KARUPARAMBU VEETTIL, NEDUNGOTTUR AMSOM, THIRUVEGAPPURA VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PATTAMBI EXCISE RANGE - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8200 of 2011 --------------------------- Dated this the 12th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.45 of 2011 of Pattambi Excise Range. 2. The offences alleged against the petitioners are under Section 55(i) and Section 13 read with Section 63 of the Abkari Act. 3. The prosecution case is that on 14.9.2011, the petitioners were found in possession of 11.7 litres of Indian made foreign liquor intended for sale. The petitioners were arrested on 14.9.2011 and they were remanded to judicial custody. 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 the present stage of BA 8200/11 2 investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pattambi, 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 csl