IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH DECEMBER 2010 / 7TH POUSHA 1932 Bail Appl..No. 8236 of 2010() ----------------------------- EXCISE CRIME NO.75/2010 OF CHANGANACHERRY EXCISE RANGE CRMP.6577/2010 of J.M.F.C.,CHANGANACHERRY .................... PETITIONERS ------------------------------- 1. N.K. SUKUMARAN NAIR, S/O.KRISHNA PILLAI, AGED 57 YEARS, RESIDING AT NADUPPARAMBIL VEEDU, MADAPPALLY VILLAGE, CHANGANACHERRY, KOTTAYAM DISTRICT. 2. P.K. GOPINATHAN NAIR, S/O. KESAVAN KUTTY NAIR, AGED 47 YEARS, RESIDING AT KANDATHIL PARAMBIL VEEDU, THRIKKODITHANAM VILLAGE, CHANGANACHERRY, KOTTAYAM DIST. BY ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8236 of 2010 ----------------------------------------------------- Dated this the 28th day of December, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Excise Crime No.75 of 2010 of Changanacherrry Excise Range for an offence punishable under Section 55(a) & (i) of the Abkari Act for having been found in possession of 2. 8 litres of Indian Made Foreign Liquor, seek their enlargement on bail. The petitioners were arrested on 30/11/2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offence, the duration of judicial custody undergone by the petitioners and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail with effect from 04/01/2011 on each of them executing a bond for `35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Changanacherrry and subject to the following Bail Appln.No.8236/2010 : 2 : conditions:- 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 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. V.RAMKUMAR, JUDGE skj