IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 8779 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4935/2011 Dated 28/06/2011 IN CRIME NO.53/2011 OF ALAPPUZHA EXCISE RANGE .................... PETITIONERS (S):/ACCUSED NO.S 1 TO 3 --------------------------------------------------- 1. SUDHAN, S/O. SUGUNAN, THUNDUCHIRA HOUSE, WARD NO.VIII, PATHIRAPPALLY VILLAGE, AMABALAPPUZHA TALUK, ALAPPUZHA DISTRICT. 2. AJAYAKUMAR, S/O. SHANMUGHAN, POTTITTUSSERY HOUSE, ARYAD NORTH .P.O., KOMALAPURAM VILLAGE, AMABALAPPUZHA TALUK, ALAPPUZHA DISTRICT. 3. RENUKA, W/O. SUHALAL, KALAMBOOR HOUSE, MANNACHERRY.P.O.,MANNACHERRY VILLAGE, AMABALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ALAPPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. NO. 8779 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2011 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 to 3 in Crime No.53 of 2011 of Alappuzha Excise Range. 2. The offences alleged against the petitioners are under Sections 57(a) and 56(b) of the Abkari Act. 3. When the Bail Application came up for admission on 19th November, 2011, the following order was passed: “3. The prosecution case is that on 06-12-2009, samples of toddy were taken from the toddy shop belonging to petitioners 2 and 3 and on analysis of the samples, it was found that the samples contained excess of Ethyl Alcohol. 4. Heard the learned counsel for B.A.No. 8779 OF 2011 2 the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 24th and 25th of November, 2011. 6. Post on 30th November, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No. 53 of 2011 of Alappuzha Excise Range, till 03/12/2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this 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 19th November, 2011 has been complied with by the petitioners. B.A.No. 8779 OF 2011 3 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 19th November, 2011 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 `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the 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 every Monday, 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) The petitioners shall cooperate with the investigating officer in the matter of B.A.No. 8779 OF 2011 4 investigation. f) 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. cms