IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 795 of 2009() ---------------------------- AGAINST THE ORDER DATED 11/02/2009 IN CMP. 945(A)/2009 & CMP.945/2009 of J.M.F.C.,VAIKOM CRIME NO. 4/2009 OF VAIKOM EXCISE RANGE .................... PETITIONERS/ACCUSED NO. 2,3 & 4:- ----------------------------------------- 1. KUNJUKUNJU, AGED 71 YEARS, S/O.LATE VELU VETTOOR HOUSE, KUDAVECHOOR PO, VAIKOM, KOTTAYAM DISTRICT. 2. NIPU V. SIVAN @ KOCHUMON,S/O.SIVAN VALAPARAMBIL HOUSE, KUDAVECHOOR PO, VAIKOM, KOTTAYAM DISTRICT. 3. SHAJI, AGED 46 YEARS, S/O.THANKAPPAN PANNATHADATHIL HOUSE,VECHOOR PO, VAIKOM, KOTTAYAM DISTRICT. BY ADV. MR. NIREESH MATHEW RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR VAIKOM EXCISE RANGE , KOTTAYAM DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 795 of 2009 - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 2 to 4 in Crime No. 4 of 2009 of Vaikom Excise Range for offences punishable under Sections 55(a) and (i) of the Abkari Act, seek their enlargement on bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case, the order dated 03.03.2009 in Crl.M.C. No. 648 of 2009 as per which the surviving offence is one punishable under Section 56(b) of the Abkari Act which is a bailable offence, I am inclined to grant bail to the petitioners. Accordingly, petitioners are directed to be released on bail on each of them executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Vaikom and subject to the following conditions: B.A. No. 795/2009 : 2 : 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3.. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 4th day of March, 2009. V.RAMKUMAR, JUDGE. rv B.A. No. 795/2009 : 2 :