IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8450 of 2011() ----------------------------- C.R.NO.59/2011 OF CHENGANNUR EXCISER RANGE .................... PETITIONERS (S): ACCUSED A1,A2 --------------------------------- 1. VALSALA, AGED 51 YEARS, W/O.THAMPI, MALANKAVE PURAYIDAM, PERISSERIMURI, PULIYOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. RAMESHKUMAR, AGED 30 YEARS, S/O.THAMPI, MALANKAVE PURAYIDAM, PERISSERIMURI, PULIYOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8450 of 2011 --------------------------- Dated this the 19th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in C.R.No.59 of 2011 of Chengannur Excise Range. 2. The offences alleged against the petitioners are under Sections 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 29.9.2011, the accused were found in possession of 2 litres of arrack. The petitioners were arrested on 29.9.2011 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No.3 is not arrested so far. 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. BA 8450/11 2 The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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 csl