IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 1950 of 2010 CR.NO.12 OF 2010 OF THIRUPURAM EXCISE RANGE, THIRUVANANTHAPURAM. PETITIONERS/ACCUSED NO 2 TO 6 1. SIVARAJAN,S/O.RAGHAVAN, VISAKHAM HOUSE, POOVAR PO, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. P.K.DEVADASAN,S/O.VELAYUDHAN, PALACKAPARAMBIL HOUSE,MALAYINKEEZHU DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. YESUDASAN,S/O.CHELLAN NADAR, DIVYA BHAVAN,NELLISSERY, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 4. JAYAKUMAR,S/O. JAYAPALAN,KRISHNA KRIPA, PETTA DESOM,THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT. 5. HARIKUMAR,S/O.SUKUMARAN NAIR, VALIYAEDATHINGAL HOUSE, KOVILLOOR DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUPURAM, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1950 OF 2010 ------------------------------------------------------ Dated this the 20th day of May, 2010 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.2 to 6 in C.R.No.12 of 2010 of Thirupuram Excise Range, Thiruvananthapuram District. 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 hearing on 9.4.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 10th and 11th April, 2010. The petitioners shall produce a copy of the order before the investigating officer. B.A. NO. 1950 OF 2010 :: 2 :: Post on 16th April, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with C.R. No.12 of 2010 of Thirupuram Excise Range, Thiruvananthapuram District.” 4. It is submitted that in similar cases, anticipatory bail was granted to the accused involved in those cases. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 9.4.2010 has been complied with by the petitioners. 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 9.4.2010 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 Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 1950 OF 2010 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/