IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1774 of 2010() ----------------------------- CMP.596/2010 of J.M.F.C.-II, HARIPAD CRIME NO.26/2010 OF KAYAMKULAM EXCISE RANGE. .................... PETITIONERS/ ACCUSED: -------------------------------------- 1. BAIJU, S/O.SURENDRAN, AGED 30, MUTHALASSERIL PADEETTATHIL HOUSE, PATHIYOOR KIZHAKKUM MURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK. 2. RAJESH, S/O.CHANDRAN, AGED 26, ALAMPALLI THEKKATHIL HOUSE, PATHIYOOR KIZHAKKUM MURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.K.R.SUNIL RESPONDENT/ COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1774 of 2010 ---------------------------- Dated this the 29th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused in Crime No. 26/2010 of Kayamkulam Excise Range. 2. The offence alleged against the petitioners is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 8/3/2010, the petitioners were found in possession of 10 litres of arrack. The petitioners were arrested on 8/3/2010 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of similar nature. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioners. B.A. No.1774 /2010 2 6. The petitioners shall be released on bail on their executing bond for Rs.15,000/-each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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, 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