IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7129 of 2011() ----------------------------- CMP.5081/2011 of J.M.F.C.,VADAKARA .................... PETITIONERS/ACCUSED -------------------------------------- 1. ABDUL SHUKOOR, S/O. MUHAMMED, AGED 22 YEARS, KORAPPA HOUSE, ANAKAM POYIL, THIRUVAMPADI, KOZHIKODE-673 517. 2. SATHEESAN, S/O. MADHAVAN, AGED 47 YEARS, MYLATTIYIL HOUSE, ANAKAM POYIL, THIRUVAMPADI, KOZHIKODE-673 517. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. EXCISE INSPECTOR, VATAKARA EXCISE RANGE, KOZHIKODE-673 217. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7129 of 2011 ---------------------------------------- Dated this the 5th 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 Crime No. 58 of 2011 of Vatakara Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act and Rule 9 of Foreign Liquor Rules. 3. The prosecution case is that on 23.8.2011, the accused persons imported and transported 60.48 liters of Indian made foreign liquor from Mahe to the State of Kerala. The petitioners were arrested on 23.8.2011 and they were remanded to judicial custody. 4. Learned counsel for the petitioners submitted that the first accused was the driver of the vehicle and the vehicle was hired by the 2nd accused. 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 not inclined to grant bail to the 2nd accused at B.A.No.7129 of 2011 2 this stage. However taking into account the fact that the vehicle of the first accused was hired by the 2nd accused, I am inclined to grant bail to the first accused. 6. The 1st petitioner (1st accused) shall be released on bail on his executing bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vatakara, subject to the following conditions: A) The first petitioner/first accused 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 first petitioner shall appear before the investigating officer for interrogation as and when required; C) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The first petitioner 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. B.A.No.7129 of 2011 3 Accordingly, the bail application is dismissed in so far it relates to the 2nd accused and it is allowed in the manner indicated above in so far as it relates to the first accused/first petitioner. K.T.SANKARAN, JUDGE rkc