IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Bail Appl..No. 2182 of 2010() ---------------------------------- CRIME NO. 7/2010 OF THALASSERY EXCISE RANGE, KANNUR DISTRICT .................... PETITIONERS/ACCUSED 1 & 2 : ----------------------------------- 1. SAJEEVAN.M.P,S/O.NARAYANAN,AGED 32 YEARS KANDATHIL HOUSE,PALLIKKARA,NILESWARAM, HOSDURG TALUK. 2. RAMAKRISHNAN,S/O.GEORGE,AGED 28 YEARS, KARUVACHERI,P.O.NILEESWAR. BY ADVS. SRI.V.B.HARI NARAYANAN SRI.A.V.VAMANAKUMAR RESPONDENTS/COMPLAINANTS: -------------------------------------- 1. STATE OF KERALA,REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. EXCISE INSPECTOR,THALASSERY EXCISE RANGE,THALASSERY. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2182 of 2010 --------------------------- Dated this the 9th day of April, 2010 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 Crime No.7/2010 of Thalassery Excise Range, Kannur. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 3/3/2010, the accused were found transporting 203.76 litres of Indian Made Foreign Liquor in an autorickshaw. On giving signal by the Excise Officers to stop the autorickshaw, the accused did not stop the autorickshaw. They were chased by the Excise Officials and the petitioners were arrested. The petitioners are in judicial custody since then. 4. The learned counsel for the petitioners submitted that the petitioners undertake not to 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 and also the undertaking, B.A. No. 2182/2010 2 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 Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery 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 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. 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 scm