IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Bail Appl..No. 8138 of 2010(D) ------------------------------------------ [CRIME NO.63/2010 OF AGALI EXCISE RANGE] .............. PETITIONERS/ACCUSED: ------------------------------------ 1. NAGARAJ, AGED 25/2010, S/O. LINGAN, ANAVAY OORU, PADAVAYAL VILLAGE, MANNARKKAD TALUK. 2. CHANDRAN @ CHATHAN, AGED 18/2010, S/O. MARI, THAZHE ABBANUR OORU, PADAVYAL VILLAGE, MANNARKKAD TALUK. BY ADVS. SRI.K.C.PETER, SRI. TOJAN J. VATHIKULAM. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, AGALI EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8138 of 2010 ----------------------------------------------------- Dated this the 20th day of December, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Crime No.63 of 2010 of Agali Excise Range for an offence punishable under Section 8(2) of the Kerala Abkari Act for having been found in possession of 22.8 litres of arrack, seek their enlargement on bail. The petitioners were arrested on 14/11/2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offence, the duration of judicial custody undergone by the petitioners and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail with effect from 27/12/2010 on each of them executing a bond for `35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mannarkkad and subject to the following conditions:- Bail Appln.No.8138/2010 : 2 : 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj