IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7964 of 2011() ----------------------------------------- (CRIME NO.27/2011 OF BADADKA EXCISE RANGE, KASARAGOD DISTRICT) ...... PETITIONER/ACCUSED: -------------------------------------- 1. BALACHANDRA.S., AGED 29/2011,,S/O.APPAYYA NAIK, OTTAKKOCHI HOUSE, PAYARADUKKAM DHESAM, ADOOR VILLAGE, KASARAGOD TALUK. 2. MANIKANTA.C., AGED 22/2011,S/O.CHENIYA NAIK, DHARBADUKKAM DHESAM, KUTTIKKOL PANCHAYATH, KASARAGOD TALUK. BY ADVS. SRI.T.B.SHAJIMON, SMT. GOVINDU P.RENUKADEVI. RESPONDENT(S): RESPONDENT/COMPLAINANT: ------------------------------------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, BANDADKA EXCISE RANGE, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A. No.7964 OF 2011 --------------------------------- Dated this the 10th day of October, 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.27 of 2011 of Bandadka Excise Range, Kasaragod District. 2.The offence alleged against the petitioners is under Section 8(1) & (2) of the Abkari Act. 3.The prosecution case is that on 11.9.2011, the petitioners were found transporting 40 litres of arrack. They were arrested on 11.9.2011. 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 with effect from 26.10.2011. 5.The petitioners shall be released on bail on 26.10.2011, on their executing bond for Rs.25,000/-(Rupees B.A. No.7964 OF 2011 2 Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod, 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. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) 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 cms