IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7857 of 2011() ----------------------------- AGAINST THE ORDER DATED 17/09/2011 IN ORDER IN CMP.4217/2011 of J.M.F.C.-I,KOYILANDY C.R.No.60 OF 2011 OF KOYILANDY EXCISE RANGE, KOZHIKODE DISTRICT .................... PETITIONERS/ACCUSED NOS. 1 AND 2 : ---------------------------------- 1. MUBAS.P.K., 21/11, S/O.IMBICHI MAMMAD, BARIYATH THARAVATTIL, IMBICHI MAMMAD HOUSE, KOTTOOLY AMSOM, PUTHIYAPALAM DESOM, KOZHIKODE. 2. SHIJLAS.M., 20/11, S/O. AHAMMED KOYA, UPPOOT PADANNAYIL HOUSE, KOTTOOLI AMSOM, PUTHIYAPALAM DESOM, GOVINDAPURAM.P.O,KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, KOYILANDY EXCISE RANGE, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7857 of 2011 ---------------------------------------------- Dated this the 30th day of September, 2011 ORDER 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.60 of 2011 of Koyilandy Excise Range, Kozhikode District. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 13/09/2011, the petitioners were found transporting 126 litres of Indian Made Foreign Liquor in a Qualis Car. The Indian Made Foreign Liquor was intended for sale only in Pondichery. 4. The petitioners were arrested on 13/09/2011 and they were remanded to judicial custody. 5. The learned Counsel for the petitioners submitted that the petitioners are not involved in any other case of similar nature. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.7857/2011 : 2 : 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 only with effect from 10/10/2011. 7. The petitioners shall be released on bail with effect from 10/10/2011 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, 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. Bail Appln.No.7857/2011 : 3 : 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 skj