IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9960 of 2011 CRIME NO.50 OF 2011 OF THE EXCISE RANGE, ERNAKULAM. PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. HARIKESH PRASAD, S/O.JIRKUTT RAM, COMPUNDER VILLAGE, BALIYA DISTRICT, UTTAR PRADESH. 2. MUKESH, S/O.RATHILAL, KRISHNA NIVAS, 2/646, ASARI LANE, KARIKKAMURI DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.B.JAYASURYA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9960 OF 2011 ------------------------------------------------------ Dated this the 9th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.50 of 2011 of the Excise Range, Ernakulam. 2. The offences alleged against the accused are under Sections 55(a) (i) and 58 of the Abkari Act. 3. The prosecution case is that on 8.11.2011, the accused persons unauthorisedly transported and they were found in possession of 881 bottles of wine, having a total quantity of 660.75 litres. The contraband was seized when attempt was made to remove the same from the platform of the Ernakulam South Railway Station. The petitioners were arrested on 8.11.2011 and they were remanded to judicial custody. BAIL APPL. NO.9960 OF 2011 :: 2 :: 4. B.A.No.9401 of 2011 filed by the petitioners was dismissed by the order dated 24.11.2011. The present Bail Application was filed on 28.11.2011. Learned Public Prosecutor submitted that the investigation is not complete. He also submitted that the investigation will be expedited and the final report will be filed without delay. 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, however, only with effect from 27.12.2011 on stringent conditions. 6. The petitioners shall be released on bail only on 27.12.2011 on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Ernakulam, subject to the following conditions: The sureties shall produce the title deeds and revenue receipts in respect of the properties held by them. After BAIL APPL. NO.9960 OF 2011 :: 3 :: verification of the title deeds, the same shall be returned to the sureties, after keeping in the file certified photocopies of the same. The sureties shall undertake that the properties held by them will not be alienated without the permission of the Court. a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter 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 ahz/