IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Bail Appl..No. 7257 of 2010() --------------------------------------- CRIME NO.76/2010 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DIST. .......... PETITIONERS/IST & 2ND ACCUSED ------------------------------------------------- 1. BIJU, AGED 38 YEARS, S/O.PRABHAKARAN, ARATTUPUZHA KIZHAKKEKKARA, ARATTUPUZHA VILLAGE, KARTHIKAPPALLY. 2. SHAJI, AGED 42 YEARS, S/O.JANARDHANAN, POOYAMPALLI, MUTHUKULAM SOUTH MURI, MUTHUKULAM VILLAGE. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY EXCISE INSPECTOR, KARTHIKAPPALLY RANGE. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.7257 of 2010 - - - - - - - - - - - - - - - - DATED: 15.11.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.1 and 2 in Crime No.76 of 2010 of Karthikappally Excise Range for an offence punishable under Section 8(ii) of the Abkari Act for having been found in possession of 1 litre of arrack, seek their enlargement on bail. Petitioners were arrested on 19.10.2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, 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 w.e.f. 22.11.2010 on each of the petitioners 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 J.F.C.M-I, Harippad and subject to the following conditions: - BailApplication No.7257/2010 -:2:- 1. 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. sj