IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6905 of 2009() -------------------------------------- CRIME NO.49/2009 OF THRISSUR EXCISE RANGE, THRISSUR .................... PETITIONERS/ACCUSED --------------------------------------- 1. ARUN, S/O.ARUMUGHAN, AYYAPPATH HOUSE, KUNNUKARA DESOM, PUTHENVELIKARA, PARAVOOR, ERNAKULAM DISTRICT. 2. RATHEESH, S/O.NARAYANAN, IRUTTIYIL HOUSE, KUNNUKARA DESOM, PUTHENVELIKKARA, PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/ COMPLAINANT/STATE: --------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING EXCISE INSPECTOR, THRISSUR RANGE. SRI.V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6905 of 2009 ------------------------------------ Dated this the 25th day of November, 2009 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 Cr. No.49/2009 of Thrissur Excise Range. 2. The offences alleged against the petitioners are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 18/9/2009, the accused persons were found transporting 1320 litres of spirit. They were arrested on 18/9/2009. The petitioners are in judicial custody since then. 4. It is submitted that charge is not laid so far and therefore, the petitioners are entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 5. The learned Public Prosecutor submitted that charge has not so far been laid in the case. 6. 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 fact that charge was not laid in the case, I am of the view that bail can B.A. No. 6905/2009 2 be granted to the petitioners. 7. The petitioners shall be released on bail on their executing a 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-III, Thrissur 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) 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