IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 7683 of 2011() ----------------------------- CR NO.41/2011 OF KUTTANADU EXCISE RANGE, ALAPPUZHA PETITIONERS/ACCUSED NOS.1 TO 5 ------------------------------------------ 1. BINOY, S/O.RAVEENDRAN, KAIPPUZHA HOUSE, KIZHAKKE MURI, KUNNUMMA VILLAGE, KUTTANADU, ALAPPUZHA DISTRICT. 2. RAMESHAN, AGED 50 YEARS, S/O.DIVAKARAN, THAYYIL HOUSE, SANATHANAPURAM P.O., KALARKODU MURI, PARAVUR VILLAGE, AMBALAPPUZHA. 3. KRISHNANKUTTY, S/O.PARAMESWARAN, PUTHUVAN HOUSE, PALLATHURUTHY, KAINAKARI, KUTTANADU, ALAPPUZHA DISTRICT. 4. SATHEESAN, S/O.SUKUMARAN, KOLLASSERY HOUSE, KAVALAM NORTH, KUNNUMMA, KUTTANADU, ALAPPUZHA DISTRICT. 5. SISUPALAN, S/O.KRISHNAN, THEKKECHIRA HOUSE, KUNNUMMA EAST, KUNNUMMA VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUTTANADU, ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.DHANESH MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7683 of 2011 --------------------------- Dated this the 13th day of October, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in CR No.41 of 2011 of Kuttanadu Excise Range, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 56(b) and 57(a) of the Abkari Act. 3. When the Bail Application came up for admission on 26.9.2011, the following order was passed : “ 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting BA 7683/11 2 anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 3rd and 4th October, 2011. 5. Post on 11th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with CR No.41 of 2011 of Kuttanadu Excise Range, till 15th October, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 26.9.2011 has been complied with by BA 7683/11 3 the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 26.9.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 ; BA 7683/11 4 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 to the extent indicated above. K.T.SANKARAN JUDGE csl