IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3438 of 2009 C.R.NO.17 OF 2009 OF NJARAKKAL EXCISE RANGE, ERNAKULAM. CMP.1746/2009 OF JUDL.MAGISTRATE OF THE FIRST CLASS, NORTH PARAVUR PETITIONERS: ACCUSED 2 TO 4 ---------------------------------- 1. SUDHI, AGED 49 YEARS, S/O. KUMARAN, KAKKANATTU HOUSE, CHERAI DESOM, KOCHI TALUK, PALLIPPURAM VILLAGE. 2. SAJEESH, AGED 22 YEARS, S/O. CHANDRAN, PARUTHIKKATTU HOUSE, PARUTHIKKATTU DESOM, CHITTOOR TALUK, PALAKKAD DISTRICT. 3. MANOJ, AGED 21 YEARS, S/O. THANKAPPAN, PAMPPORANKARA HOUSE, KARIPPODE DESOM, PUTHUNAGARAM VILLAGE, CHITOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, NJARAKKAL, ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3438 OF 2009 ------------------------------------------------------ Dated this the 7th 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.2 to 4 in C.R.No.17 of 2009 of Njarakkal Excise Range. 2. The offence alleged against the petitioners is under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 13.5.2009, the accused persons were found to be in illegal possession of 231 litres of spirit. They were arrested on 13.5.2009 itself 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. 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 B.A. NO. 3438 OF 2009 :: 2 :: satisfaction of the Judicial Magistrate of the First Class, North Paravur, 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 ahz/