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. 8925 of 2011 C.R.NO.86 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, KOLLAM. PETITIONERS : ACCUSED 1- 3 -------------------------------- 1. PRASAD, AGED 38 YEARS, S/O. KESAVAN, SADHIKA BHAVANAM, KARUVATTA THEKKE MURI, KUMARAPURAM VILLAGE. 2. VIJITH, AGED 28 YEARS, S/O. VIJAYAN, CHENNATTU COLONY, BLOCK NO.5, POTHAPALLY VADAKKU MURI, KUMARAPURAM VILLAGE. 3. RAJESH, AGED 36 YEARS, CHENNATTU COLONY, BLOCK NO.3, POTHAPALLY VADAKKU MURI, KUMARAPURAM VILLAGE. BY ADV. SRI.G.RAJEEVKUMAR SRI.B.RENJITHKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KARTHIKAPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 8925 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 accused Nos.1 to 3 in C.R. No.86 of 2011 of Karthikappally Excise Range, Kollam District. 2. The offence alleged against the petitioners is under Section 55(g) and (h) of the Abkari Act. 3. The prosecution case is that on 6.10.2011, the accused persons were found manufacturing arrack. A quantity of 365 litres of wash and two litres of arrack were seized from the possession of the petitioners. The petitioners were arrested on 6.10.2011 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 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 10.11.2011. B.A.NO.8925 OF 2011 :: 2 :: 5. The petitioners shall be released on bail only on 10.11.2011 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, Haripad, 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 one month 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 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/