IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Bail Appl..No. 2087 of 2011() ----------------------------- C.R.NO.64/2010 OF KUZHALMANNAM EXCISE RANGE PETITIONERS/ACCUSED NOS.2 & 3 --------------------------------------- 1. KANNAN, AGED 37 YEARS, S/O.KUPPAN, MODANPARAMBU, ERIMAYOOR, ALATHUR TALUK, PALAKKAD DISTRICT. 2. MURALI, AGED 30 YEARS, S/O.KUPPAN, MODANPARAMBU, ERIMAYOOR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE EXCISE INSPECTOR, KUZHALMANNAM EXCISE RANGE, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------------- Bail Application No.2087 of 2011 --------------------------------------------------------- Dated this the 21st day of March, 2011. ORDER In this Petition filed under Section 439 Cr.P.C., petitioners who are accused Nos.2 & 3 in C.R.No.64 of 2010 of Kuzhalmannam Excise Range for offences punishable under Sections 55(g) & 8(1) of the Abkari Act for having been found in possession of 30 litres of arrack and 150 litres of wash, seek their enlargement on bail. Petitioners surrendered on 22/02/2011. 2. The learned Public Prosecutor opposed the application contending inter alia that the second petitioner who is A3 is involved in yet another Abkari offence of the year 2011. If so, I am not satisfied that both the grounds enumerated under Section 41A(i)(b)(ii) of the Abkari Act are present in this case so as to justify the release of A3 on bail. This petition so far as it relates to A3 is accordingly dismissed. With regard to the first petitioner (A2) I am inclined to grant bail with effect from a future date. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the first petitioner (A2) and the other circumstances of the case etc., I am inclined to grant bail to the first petitioner (A2). Accordingly, the first petitioner (A2) is directed to be B.A. No.2087/2011 -:2:- released on bail with effect from 04/04/2011 on his executing a bond for `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, Alathur and subject to the following conditions: - 1. The first petitioner (A2) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The first petitioner (A2) shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police. 3. The first petitioner (A2) shall not establish any contact with any of the witnesses or accused in the case. 4. The first petitioner (A2) shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The first petitioner (A2) shall not commit any offence while on bail. B.A. No.2087/2011 -:3:- 6. The first petitioner (A2) shall notify his place of residence before executing the bail bond. If the first petitioner (A2) commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above. Dated this the 21st day of March, 2011. V.RAMKUMAR, JUDGE. skj