IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8705 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4935/2011 CR.NO.32/2011 OF DEVIKULAM EXCISE RANGE .................... PETITIONERS/ACCUSED NOS.1&2 : ------------------------------ 1. RAJAPPAN, AGED 52 YEARS, S/O.VELAYUDHAN, KARAMTHANATHU HOUSE, ANCHAL KARA, KUNJITHANNI VILLAGE, DEVIKULAM, IDUKKI DISTRICT. 2. P.D.KURIAN, AGED 68 YEARS, S/O.DEVASSIA, PULINKUZHACKAL HOUSE, PANNIMATTOM P.O., VELLIYAMATTOM, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, DEVIKULAM, IDUKKI DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8705 OF 2011 --------------------------------- Dated this the 25th day of November , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in CR No.32 of 2011 of Devikulam Excise Range. 2. The offences alleged against the petitioners are under Sections 56(b) and 57(a) of the Abkari Act. 3. When the Bail Application came up for admission on 14th November, 2011, the following order was passed: “3. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the B.A.No.8705 OF 2011 2 investigating officer on 19th and 20th November, 2011. 5. Post on 24th November, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with C.R.No.32 of 2011 of Devikulam Excise Range, till 26th November, 2011. 7.The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 14th November, 2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 14th November, 2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall B.A.No.8705 OF 2011 3 release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on every Monday, 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.8705 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms