IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1608 of 2010 C.R.NO.20 OF 2008 OF THIRUPURAM EXCISE RANGE, THIRUVANANTHAPURAM PETITIONER/ACCUSED NOS.2 TO 6: -------------------------------------- 1. P.K.DEVADASAN, S/O.KUNJUVELAYUDHAN, PALACKALPARAMBIL HOUSE, MALAYINKEEZHU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 2. R.SIVARAJAN, AGED 51 YEARS, S/O.RAGHAVAN, AYATHARA HOUSE, ARUMANOOR, TIRUPURAM VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 3. YESUDAS, S/O.CHELLAPPAN NADAR, DIVYA BHAVAN, NELLISSERY, VELLARADA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 4. S.HARIKUMAR, S/O.SUKUMARAN NAIR, VALIYAEDATHINKAL HOUSE, KOVILLOR DESOM, VALLARADA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 5. JAYAKUMAR, S/O.JAYAPALAN, KRISHNA KRIPA, SANKUMUGHAM DESOM, PETTA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUPURAM, THIRUVANANTHAPURAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1608 OF 2010 ------------------------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 6 in C.R.No.20 of 2008 of Thirupuram Excise Range, Thiruvananthapuram District. 2. The offence alleged against the petitioners is under Section 57(a) and 56(b) of the Abkari Act. 3. When the Bail Application came up for hearing on 12.3.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 16th and 17th March, 2010. B.A. NO. 1608 OF 2010 :: 2 :: Post on 22.3.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with C.R.No.20 of 2008 of Thirupuram Excise Range, Thiruvananthapuram District. The petitioners shall produce copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 12.3.2010 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12.3.2010 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the B.A. NO. 1608 OF 2010 :: 3 :: satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/