IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8517 of 2011() ----------------------------- CMP.7128/2011 of J.M.F.C.-I, CHENGANNUR Crime No.62 of 2011 of Excise Range, Chengannur. .................... PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. MR.SUNIL RAJAN, AGED 33 YEARS, S/O.KRISHNANKUTTY, THARYIL VEETIL, MURIYAYKARA KOTTAKKAKOM MURI, PANDANADU VILLAGE, CHENGANNUR TALUK. 2. JAMES THOMAS, AGED 33 YEARS, S/O.THOMAS, AMBALATHARAYIL VEEDU, MURIYAYKARA KOTTAKKAKOM MURI, PANDANADU VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.ISSAC NINAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHENGANNUR, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8517 OF 2011 --------------------------------- Dated this the 21st day of October, 2011 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 Crime No.62 of 2011 of Excise Range, Chengannur. 2.The offences alleged against the petitioners are under Sections 55 (i) and 67-B of the Abkari Act. 3.The prosecution case is that on 3.10.2011, the petitioners were found transporting a quantity of 25.5 litres of Indian made foreign liquor. The petitioners were arrested on 4.10.2011 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that B.A.No.8517 OF 2011 2 accused No.1 is involved in three other abkari cases of similar nature. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence of similar nature, while on bail in the present case. This undertaking is recorded. 4.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. 5.The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, 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 B.A.No.8517 OF 2011 3 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms