IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10249 of 2011() ------------------------------ CMP.5284/2011 of J.M.F.C.-I,KOYILANDY CR NO.77/2011 OF KOYILANDY EXCISE RANGE, KOZHIKODE DT. .................... PETITIONER/ACCUSED -------------------------------------- VELAYUDHAN, S/O.PAYICHI, MANNADI MEETHAL HOUSE, KEEZHARIYUR AMSOM, DESOM, KOYILANDY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, KOYILANDY EXCISE RANGE, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, A/W.BA NO.10266/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------------- B.A.Nos.10249 & 10266 OF 2011 ----------------------------------------------- Dated this the 15th day of December, 2011 ORDER These are the applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.10249 of 2011 is filed by accused No.1, while B.A.No.10266 of 2011 is filed by accused No.2, in CR.No.77 of 2011 of Koyilandy Excise Range, Kozhikode District. 2.The offence alleged against the petitioners is under Section 55(g) of the Abkari Act. 3.The prosecution case is that on 19.11.2011, at 6.15 A.M, accused No.1 was found transporting 240 litres of wash in a country boat owned by accused No.2. Accused No.1 was arrested on the spot on 19.11.2011, and he was remanded to judicial custody. Accused No.2 surrendered before court on 29.11.2011, and he was also remanded to B.A.Nos. 10249 & 10266 OF 2011 2 judicial custody. 4. The learned Public Prosecutor submitted that accused No.2 is involved in four other crimes. 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 with effect from 30.12.2011. 6.The petitioners shall be released on bail only on 30.12.2011 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, Koyilandy, 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 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 B.A.Nos. 10249 & 10266 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 Applications are allowed as above. K.T.SANKARAN, JUDGE cms