IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Bail Appl..No. 2114 of 2009() ----------------------------- (CRIME NO. 8/2009 OF EXCISE RANGE, NORTH PARAVUR) PETITIONERS/ACCUSED NOS. 3 & 1: ---------------------------------------------- 1. DIXON, AGED 35 YEARS, S/O. ANTONY, THATTIL PAZHUNGARA HOUSE, AMBALLOOR DESOM, KALOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. ANTONY, AGED 36 YEARS, S/O. RAPPAI, KARUNNAYIL HOUSE, MAPPRANAM DESOM, MADAYIKONAM VILLAGE, KUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT: ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR K. MEERA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ---------------------------- B.A. No.2114 of 2009 ---------------------------- Dated this the 15th day of April, 2009 O R D E R This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioners are accused in Crime No.8/2009 of North Paravur Excise Range for the offence punishable under Section 55(a) of Abkari Act. 3. Learned Public Prosecutor opposed this petition and also stated that in case this court inclined to grant bail, stringent conditions may be imposed. Considering the quantity of contraband article seized and also the fact that the petitioners are in custody from 10.02.2009 onwards, this Court is inclined to show some sympathy in their favour. Moreover the investigation is almost over and Public Prosecutor was unable to show that continued custody of petitioner is necessary. 4. The application is allowed as follows: B.A.No.2114 of 2009 2 1) Petitioners shall be released on bail on each of them executing a bond for Rs.25,000/- with two solvent sureties each for the like sum each to the satisfaction of Magistrate court concerned. 2) Petitioners shall report before the investigating officer on every Thursday between 10 a.m. and 11 a.m. till final report is laid. 3) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN JUDGE pac