IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7037 of 2009() --------------------------------------- CRIME NO. 107/2009 OF KARTHIKAPPALLY EXCISE RANGE .................... PETITIONERS/ACCUSED: ------------------------------------ 1. STEPHAN @ SEBASTIAN,AGED 28 YEARS, S/O.VINCENT,VADASSERILVEEDU,VADACKAL MURI, PUNNAPRA VILLAGE. 2. BINU,AGED 24 YEARS, S/O.SEBASTIAN (KOCHUCHERUKKAN),KOONANJILICKAL VEEDU,PUNNAPRA MURI,PUNNAPRA VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENTS/COMPLAINANTS: ----------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR,KARTHIKAPPALLY EXCISE RANGE. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7037 of 2009 ------------------------------------ Dated this the 1st day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused persons in Crime No.107/2009 of Karthikappally Excise Range. 2. The offence alleged against the petitioners is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 1/11/2009, the petitioners were found in possession of 45 litres of coloured arrack. The petitioners were arrested on 1/11/2009. They are in judicial custody. 4. The learned counsel for the petitioners submitted that the petitioners are not involved in any other offence of similar nature. 5. 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. 6. The petitioners shall be released on bail on their executing a bond for Rs.15,000/- each with two solvent sureties each 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, 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 scm