IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3601 of 2009 C.R.NO.33 OF 2009 OF MAVELIKKARA EXCISE RANGE CRMP.1544/2009 OF ADDL.SESSIONS JUDGEI,MAVELIKKARA PETITIONERS/ACCUSED 1 & 2 -------------------------------------------- 1. GOPINATHAN, AGED 49 YEARS, S/O.CHELLAPPAN, THANATHU (ROOPIKA BHAVAN), KANNAMANGALAM NORTH, KANNAMANGALAM VILLAGE, MAVELIKKARA. 2. BIJU, S/O.THANKAPPAN, THANATHU VADAKKATHIL, KANNAMANGALAM NORTH, KANNAMANGALAM VILLAGE, MAVELIKKARA. BY ADV. SRI.S.PRAKASH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3601 OF 2009 ------------------------------------------------------ Dated this the 3rd July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in C.R. No.33 of 2009 of Mavelikkara Excise Range. 2. The offence alleged against the petitioners is under Sections 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that on 20.5.2009, the petitioners were found transporting 40 litres of arrack. The first accused was arrested on 20.5.2009 and the second accused was arrested on 22.5.2009. They are in judicial custody. Learned Public Prosecutor submitted that the petitioners are involved in other cases of a similar nature as well. 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. B.A. NO. 3601 OF 2009 :: 2 :: 5. 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 – I, Mavelikkara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 ahz/