IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 3025 of 2009 C.R.NO.10 OF 2009 OF EXCISE RANGE OFFICE, VANDIPERIYAR CMP.NO.491 OF 2009 OF JUDICIAL MAGISTRATE OF THE FIRST CLASS – II, PEERMADE. PETITIONERS: ACCUSED 1 AND 2: ------------------------------- 1. RAJESH, S/O.RAMANKUTTI, THELOOR VEETIL, KADALASSERI KARA, VALLACHIRA VILLAGE, THRISSUR TALUK. 2. RENJITH A.R., S/O.RAGHAVAN, ARAKKAL VEETIL, KOLAZHI KARA, KOLAZHI VILLAGE, THRISSUR TALUK. BY ADV. SRI.V.V.JOY RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3025 OF 2009 ------------------------------------------------------ Dated this the 4th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in C.R. No.10 of 2009 of Vandiperiyar Excise Range. 2. The offence alleged against the petitioners are under Sections 8(1) and (2), 55(a) and 67(B) of the Kerala Abkari Act. 3. The prosecution case is that on 1.4.2009 the accused were found transporting 3265 litres of spirit from Tamil Nadu in a lorry. The petitioners were arrested and produced before Court on 2.4.2009 and since then they are in judicial custody. Learned counsel for the petitioners submitted that final report was not filed. Learned Public Prosecutor stated that this submission is correct. 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. B.A. NO. 3025 OF 2009 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rupees One lakh each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Peermade, 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 ahz/