IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2826 of 2010() ----------------------------- CMP.1223/2010 of J.M.F.C., MANNARKAD CRIME NO.25/2007 OF MANNARKKAD EXCISE RANGE, PALAKKAD. .................... (S): PETITIONER/ACCUSED NO.1 & 2. ------------------------------------------------ 1. SADANANDAN, S/O.AYYAPPANKUTTY, MELAYIL VEEDU, ELAMPULASERI,MANNARKAD. 2. SUBRAMONIAN,S/O.VELLAKKAN, SARAMBIKKAL VEEDU, PULLASSERI P.O., MANNARKAD. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): RESPONDENT/STATE. -------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 25 OF 2007 OF EXCISE RANGE). PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2826 of 2010 ---------------------------------------------- Dated 18th May, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Section 55(a), (b) and (5) of the Kerala Abkari Act. According to prosecution, petitioners were found in possession of 20 litres of arrack, 100 litres of Wash and utensils. The articles were seized on 18.10.2007 at about 4 p.m. They were arrested on 26.4.2010. 3. Learned counsel for the petitioners submitted that the incident happened as early as on 18.10.2007, about three years back and the petitioners were not found at the place of occurrence. They were arrested only after three years of registration of the crime, on 26.4.2010. Petitioners are absolutely innocent of the allegations made, it is submitted. 4. Learned Public Prosecutor submitted that it is not correct to say that the petitioners were not seen at the place of occurrence. As per the prosecution case, they were found engaged in distillation of arrack on the river side. But, on seeing the Excise party, they escaped from the spot and they could be arrested only much later, during investigation. However, taking BA NO.2826/10 2 into consideration the period of detention and the stage of investigation, he has no objection in granting bail on stringent conditions. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioners on stringent conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m., until further orders. (ii) Petitioners shall not commit any similar offence, while on bail. (iii) In case any of the above conditions are violated, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs