IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3548 of 2009() ----------------------------- CRIME NO.95/09 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED: --------------------------------------- 1. RAJESHKUMAR, S/O.BALAKRISHNA PILLAI, RAJESH BHAVANAM, MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY. 2. SANILKUMAR, S/O.RAVEENDRAN PILLAI, ELLUMVILAYIL HOUSE, MANAPPALLY NORTH MURI, PAVAUMBA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.A.AHZAR RESPONDENT(S): STATE: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3548 of 2009 -------------------------------- Dated this the 6th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 and 2 in Crime No.95 of 2009 of Karunagappally Excise Range. 2. The offence alleged against the petitioners is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 4.6.2009, the accused persons were found transporting 30 litres of arrack and they were found keeping about 140 litres of wash. The petitioners were arrested on 4.6.2009 and they are in 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 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 Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: BA No.3548/2009 2 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