IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Bail Appl..No. 2264 of 2011() ----------------------------- CRIME NO. 10/2011 of AGALI EXCISE RANGE, PETITIONERS/ ACCUSED NOS. 1 AND 3:- ----------------------------------------------- 1. PANALI, AGED 38, S/O MATHAN, CHINDAKKI 2ND SITE, KALLAMALA, MANNARKAD. 2. RANGAN, AGED 49 YEARS, S/O. VELLA, CHINDAKKI 2ND SITE, KALLAMALA, MANNARKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/ COMPLAINANT/ STATE:- -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING EXCISE INSPECTOR, AGALI EXCISE RANGE, PALAKKAD DISTRICT. ADV. MR. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B.A. No. 2264 of 2011 - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C., petitioners who are accused Nos. 1 and 3 in Crime No. 10 of 2011 of Agali Excise Range, Palakkad for offences punishable under Sections 8(1) and (2) of the Abkari Act for having been found in possession of 35.8 litires of arrack, seek their enlargement on bail. Petitioners were arrested on 31.01.2011. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail on their executing a bond for `35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Mannarkkad and subject to the following conditions: - 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. B.A. No.2264/2011 -:2:- 2. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police. 3. The petitioners shall not establish any contact with any of the witnesses or accused in the case. 4. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 5. The petitioners shall not commit any offence while on bail. 6. The petitioners shall notify their place of residence before executing the bail bond. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. rv