IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Bail Appl..No. 9297 of 2011 C.R.NO.100 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA. PETITIONERS/ACCUSED NOS. 1 AND 2 ---------------------------------------------------- 1. DEEPU, S/O. DAS, AGED 24 YEARS, PUTHEN VEETIL, PUTHIYAVILA MURI, PATTOLI MARKET, KANDALLUR VILLAGE, KARTHIKAPPALLY TALUK. 2. SOFI, S/O. SOMAN, AGED 33 YEARS, ANNALAYAM, MUTHUKULAM THEKKU, MUTHUKULAM VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.ARUN CHANDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. 2. THE EXCISE INSPECTOR, (CRIME NO.100 OF 2011) EXCISE RANGE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9297 OF 2011 ------------------------------------------------------ Dated this the 21st day of November, 2011 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 and 2 in C.R. No.100 of 2011 of the Karthikappally Excise Range, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 55(i) and 13 read with Section 63 of the Abkari Act. 3. The prosecution case is that on 3.11.2011, the petitioners were found transporting 17.250 litres of Indian made foreign liquor and 650 ml. of beer for sale. The petitioners were arrested on 3.11.2011 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other offence of similar nature. It is also submitted that the petitioners undertake not to BAIL APPL. NO.9297 OF 2011 :: 2 :: commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 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, the present stage of investigation and the undertaking made by the petitioners, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Haripad, 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; BAIL APPL. NO.9297 OF 2011 :: 3 :: 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/