IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 3820 of 2011 CR.NO.14 OF 2011 OF KUTTAMPUZHA EXCISE RANGE, ERNAKULAM DISTRICT PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. ROOPAN, S/O VASU, AGED 38 YEARS, EDAKKAD HOUSE, KONDIMATTAM KARA, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 2. SUNNY POULOSE, S/O POULOSE, AGED 52 YEARS, VELOOKKARA HOUSE, PINDIMANA P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUTTAMPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 3820 OF 2011 ------------------------------------------------------ Dated this the 18th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in CR.No.14 of 2011 of Kuttampuzha Excise Range. 2. The offences alleged against the petitioners are under Sections 56(b) and 57(a) of the Abkari Act. 3. When the Bail Application came up for admission on 5th July, 2011, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer between 9 A.M. and 11 A.M. on 12th and 13th July, 2011. 4. Post on 18.7.2011. B.A. NO. 3820 OF 2011 :: 2 :: 5. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with CR.NO.14 of 2011 of Kuttampuzha Excise Range, Ernakulam District.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 5.7.2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 5.7.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B.A. NO. 3820 OF 2011 :: 3 :: 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/