IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5256 of 2009() ----------------------------- CRIME NO.42/09 OF THIRUVALLA EXCISE RANGE .................... PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. UDAYAN, AGED 40 YEARS, S/O.THANKKAPPAN, PEZHAKKATTIL VEEDU, EZHIKKADU HARIJAN COLANY, KURICHMUTTOM MURI, KIDANGANNOOR VILLAGE, KOZHENCHERRY TALUK. 2. KOCHUKUTTAN, AGED 40 YEARS, S/O.BHASKARAN, BLOCK NO.96, EZHIKKADU HARIJAN COLANY, KURICHMUTTOM MURI, KIDANGANNOOR VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5256 of 2009 --------------------------------------------- Dated this the 16th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.42 of 2009 of Thiruvalla Excise Range. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 24.8.2009, the accused persons were found transporting 33 litres of spirit. The petitioners were arrested on the same day. They are in judicial custody. 4. As per the order dated 15.9.2009 in Bail Application No.5188 of 2009, bail was granted to the third accused. It is submitted by the learned Public Prosecutor that the petitioners are not involved in any other offence of a similar nature. 5. 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 BA No.5256/2009 2 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.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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, 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