IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8872 of 2011 CR.NO.56 OF 2011 OF BADIADKA EXCISE RANGE, KASARAGOD. PETITIONERS/ACCUSED --------------------------------------- 1. ROBERT LOBO, S/O.LATE SAVER LOBO, AGED 32 YEARS, MARUTHAMBAYAL DESOM, CHENGALA VILLAGE, KASARAGOD TALUK. 2. SHANKARA @ ADRU, AGED 60 YEARS, S/O.LATE CHUKRAN, ANNAPALLADUKKA, KILINGAR, NEERCHAL VILLAGE, KASARAGOD TALUK. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8872 OF 2011 ------------------------------------------------------ Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused in C.R.No.56 of 2011 of Badiadka Excise Range, Kasaragod District. 2. The offence alleged against the petitioners is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 28.9.2011, the petitioners were found transporting 35 litres of spirit. They were arrested on 28.9.2011 and they were remanded to judicial custody. 4. B.A.No.8389 of 2011 filed by the petitioners was dismissed as per the order dated 18.10.2011. The investigation has progressed much thereafter. However, it is to be noted that the investigation is not complete. 5. Taking into account the facts and circumstances of the BAIL APPL. NO.8872 OF 2011 :: 2 :: 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, however, only with effect from 15.11.2011. 6. The petitioners shall be released on bail only on 15.11.2011 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, Kasaragod, 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/