IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9530 of 2011() ----------------------------- CR.NO.59/2011 OF ALATHUR EXCISE RANGE PETITIONERS/ACCUSED NO.S 1 & 3 -------------------------------------------------- 1. SATHEESH, S/O. BALAN, PUTHUVEETTIL, PERUMBASSERY DESOM, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. PAPPACHAN, S/O. ANTONY MELETHU VEEDU, PALLAM DESOM, THOTTIYAL VILLAGE, IRINJALAKKUDA TALUK, THRISSUR DISTRICT. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, ALATHUR EXCISE RANGE. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9530 OF 2011 --------------------------------- Dated this the 30th day of November, 2011 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 C.R.No.59 of 2011 of Alathur Excise Range, Palakkad District. 2.The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3.The prosecution case is that on 30.9.2011, the petitioners were found transporting 544 litres of spirit in a lorry. It was found that the spirit was concealed in a separate tank made in the lorry. The petitioners were arrested on 30.9.2011 and they were remanded to judicial custody. 4.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A.No. 9530 OF 2011 2 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 on stringent conditions. 5.The petitioners shall be released on bail on their executing bond for `50,000/-(Rupees Fifty thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alathur, 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 for a period of two months and thereafter 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 surrender their Passports before the Court of the Judicial Magistrate of the First Class, Alathur. If the Passports are already seized by the police or if the petitioners do not have Passport, an affidavit sworn to by the petitioners to that effect shall be filed before the learned Magistrate; D) The petitioners shall not try to influence the prosecution witnesses or tamper with the B.A.No. 9530 OF 2011 3 evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) The petitioners shall cooperate with the investigating officer in the matter of investigation. G) 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 cms