IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2072 of 2009() ----------------------------- CRMP.3086/2009 of J.M.F.C.,CHITTUR CRIME NO.8/09 OF EXCISE RANGE, CHITTOOR PETITIONERS -------------------- 1. SUDHEESH KUMAR, S/O.NARAYANAN, VAYALIKKADA HOUSE, KOTTIYOOR,PERAVOOR. 2. SUBRAN, S/O.KUNJIAYYAPPAN, MURINGOOKARAN HOUSE, VELLANICHIRA, ALOOR, MUKUNDAPURAM. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, CHITTOOR RANGE, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2072 of 2009 ----------------------------------------- Dated this the 23rd May, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.8/09 of Excise Range, Chittoor. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. The petitioners were arrested on 24.3.2009. Learned counsel for petitioners submitted that final report is not filed and therefore, the petitioners are to be released under proviso (a)(ii) to Section 167(2) of the Code of Criminal Procedure. Learned Public Prosecutor submitted that the submission made by the learned counsel for petitioners is factually correct. 3. 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. BA.2072/09 2 4. The petitioners shall be released on bail on their executing bond for Rs.1,00,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chittoor, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 AM and 11 AM 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 vgs.