IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8617 of 2011 CRIME NO.228 OF 2011 OF THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA. PETITIONERS/ACCUSED NOS.1 AND 3: --------------------------------------- 1. SURAJAN, SON OF ANANDAN, AGED 42 YEARS, PUTHENMANNEL HOUSE, THARAYILKADAVU MURI, AARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. 2. ABHILASH, S/O.K.R.BOSE, AGED 33 YEARS, PARVATHI NIVAS, KANDALLUR THEKKU MURI, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.ARUN CHANDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE SUB INSPECTOR OF POLICE, (CRIME NO.228/2011), THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8617 OF 2011 ------------------------------------------------------ Dated this the 31st day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 3 in Crime No.228 of 2011 of Thrikkunnappuzha Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 149, 332, 506(ii), 201 and 225B of the Indian Penal Code. 3. The prosecution case is that on 2.8.2011, the accused persons were found engaged in the distillation of arrack. C.R.No.68 of 2011 was registered at Karthikapally Excise Range. Accused Nos.2 and 3 in C.R.No.68 of 2011 were rescued by several persons including the accused in the present case. 4. The petitioners were arrested in connection with C.R.No.68 BAIL APPL. NO.8617 OF 2011 :: 2 :: of 2011 on 17.9.2011 and 5.9.2011 respectively. Their formal arrest was recorded in the present case on 11.10.2011. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Learned Public Prosecutor opposed the Bail Application. 6. In C.R.No.68 of 2011, the petitioners filed Bail Applications and, as per the order dated 19.10.2011, they were granted bail. 7. 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. 8. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Haripad, subject to the following conditions: BAIL APPL. NO.8617 OF 2011 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Wednesdays, 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/