IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8387 of 2011 C.R.NO.68 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DIST. PETITIONER/ACCUSED NO.3(IN CUSTODY) ------------------------------------------------------- ABHILASH, AGED 33 YEARS, S/O. K.R. BOSE,PARVATHI NIVAS, KANDALLUR THEKKU MURI, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.ARUN CHANDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682031. 2. THE EXCISE INSPECTOR, (CRIME NO.68 OF 2011), KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, ALONG WITH BA NO.8616 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NOS.8387 & 8616 OF 2011 ------------------------------------------------------ Dated this the 19th day of October, 2011 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner in B.A.No.8387 of 2011 is accused No.3 and the petitioner in B.A.No.8616 of 2011 is accused No.1 in C.R.No.68 of 2011 of Karthikappally Excise Range, Alappuzha District. 2. The offences alleged against the accused are under Sections 8(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 2.8.2011, accused Nos.1 to 3 were found engaged in the distillation of arrack. A quantity of 200 litres of wash was also seized. Accused No.1 ran away. The Excise Party apprehended accused Nos.2 and 3 on the spot. At that time, several persons rushed to the spot and rescued accused Nos.2 and 3 from the custody of the Excise officers. Accused No.3 was later arrested on 5.9.2011 and accused No.1 was arrested on 17.9.2011. BAIL APPL. Nos.8387 & 8616 OF 2011 :: 2 :: 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. 5. 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 and Thursdays for a period of one month and thereafter, 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 APPL. Nos.8387 & 8616 OF 2011 :: 3 :: e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. These Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/