IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Bail Appl..No. 6626 of 2010() ------------------------------------------- (CR.NO.65/2010 OF KOTHAMANGALAM EXCISE RANGE, ERNAKULAM DIST.) ....... PETITIONER/ACCUSED NO.1 & 2: ----------------------------------------------- 1. LIBIN ABRAHAM, AGED 25 YEARS, S/O.THANKACHAN, AATTUVAYIL HOUSE, KANJAKARI DESOM, KANJAKARI VILLAGE, KOTTAYAM. 2. SUNNY, AGED 35 YEARS, S/O.GEORGE, AKKEKUNNEL HOUSE, ETTUMANNOOR, KIZHAKKUMBHAGOM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE EXCISE INSPECTOR, KOTHAMANGALAM EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6626 of 2010 ------------------------------------------------ Dated this the 29th day of October, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos. 1 & 2 in C.R.No.65 of 2010 of Kothamangalam Excise Range for offences punishable under Sections 55(a), (i) and 58 of the Kerala Abkari Act for having been found in possession of 171 litres of Indian Made Foreign Liquor, seek their enlargement on bail. The petitioners were arrested on 19/09/2010. 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. Accordingly, the petitioners are directed to be released on bail with effect from 08/11/2010 on each of them executing a bond for Rs.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, Kothamangalam and subject to the following Bail Appln.No.6626/2010 : 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