IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3111 of 2009() ------------------------------------- CR NO.15 OF 2009 OF KAZHAKUTTOM EXCISE RANGE PETITIONERS/ACCUSED 1 TO 3: ---------------------------------------------------- 1. SASIDHARAN, S/O.BHASKARAN, MELEYINVILA VEEDU, MP.XIV/86, VELLOOR VILLAGE, THIRUVANANTHAPURAM. 2. SURENDRAN, S/O.BALAN, ASWATHY BHAVAN, PERUKAVU JUNCTION, VILAVOORKAL VILLAGE, THIRUVANANTHAPURAM. 3. VIMAL KUMAR, S/O.BALAN, KIRAN BHAVAN, PERUKAVU JUNCTION, VILAVOORKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD RESPONDENTS : STATE & COMPLAINANT: ------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAZHAKUTTOM, THIRUVANANTHAPURAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3111 of 2009 ------------------------------------ Dated this the 12th day of June, 2009 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 to 3 in Crime No.15/2009 of Kazhakuttom Excise Range. 2. The offences alleged against the petitioners are under Sections 55(a), 8(1) & (2) and 58 of the Abkari Act. 3. The prosecution case is that the petitioners were found in possession of 300 litres of coloured arrack. The petitioners were arrested on 1/05/2009 and they are in judicial custody. It is stated that the petitioners are not involved in any other offence. The learned Public Prosecutor submitted that the coloured arrack was found filled in bottles containing the brand names of IMF manufacturers and it was also noticed therein that the articles are intended for defense purposes only. 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 B.A. No. 3111/ 2009 2 petitioners, on conditions. 5. The petitioners shall be released on bail on their executing a bond for Rs. 1,00,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal 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 scm