IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 795 of 2010() ---------------------------- C.R.NO.19/2010 OF SASTHAMCOTTA EXCISE RANGE .................... PETITIONER/ACCUSED NOS.1 & 2 ------------------------------------------------ 1. SANTHOSH KUMAR, S/O.VENURAJ, THOTTUMKARA MURI, ITHOTTUVA MURI, WEST KALLAD VILLAGE, KUNNATHOOR TALUK. 2. VENUGOPAL, S/O.KRISHNAN, KANNAMPALLIL THARAYIL VEEDU, ITHOTTUVA MURI, WEST KALLADA VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI. K.SIJU RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.795 of 2010 --------------------------------------------- Dated this the 15th day of February, 2010 ORDER 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.19 of 2010 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioners is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 2.2.2010, the petitioners were found transporting 10 litres of Indian made foreign liquor. The petitioners were arrested on 2.2.2010 and they were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that the petitioners are not involved in any other offence of similar nature. 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 No.795/2010 2 The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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