IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 Bail Appl..No. 782 of 2011() -------------------------------------------- CRIME NO.1/2011 OF HOSDURG EXCISE RANGE CMP.343/2011 of J.M.F.C.-I,HOSDRUG .................... PETITIONER/ACCUSED 1 AND 2 ------------------------------------------------------ 1. YUSAF, S/O.AHAMMED KUNHI, VITLA, HODAPADAVU SINAJE HOUSE, BANTWAL TALUK, KARNATAKA. 2. MUHAMMED MUSTHAFA, AGED 23 YEARS, S/O.MUHAMMEDKUNHI, BEVINJA, THEKKI VILLAGE, KARNATAKA. BY ADV. SRI.T.R.TARIN RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------------ 1. THE EXCISE RANGE OFFICER, HOSDURG EXCISE RANGE - 671 121. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.782 of 2011 - - - - - - - - - - - - - - - - DATE: 24.02.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.1 and 2 in Crime No.1 of 2011 of Hosdurg Excise Range for offences punishable under Secs.55(a) and 64A of the Abkari Act for having been found in possession of 560 litres of IMFL, seek their enlargement on bail. Petitioners were arrested on 04.01.2011. 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 and the other circumstances of the case etc., I am inclined to grant bail to the petitioners only on a future date. Accordingly, the petitioners are directed to be released on bail w.e.f. 26.02.2011 on each of the petitioners 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 Magistrate concerned and subject to the following conditions: - B.A.No.782/2011 -: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 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 24th day of February, 2011. V.RAMKUMAR, JUDGE. sj