IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5614 of 2011 CRL.MP.3621/2011 of J.M.F.C., KAYAMKULAM CRIME NO.52 OF 2011 OF KAYAMKULAM EXCISE RANGE. PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. SARALA, W/O.RAJEEVAN, KOCHUKIZHAKKATHIL, PRAYAR VADAKKUMURI, PUTHUPALLI VILLAGE, KARTHIKAPPALLI TALUK. 2. RAJEEVAN, S/O.VASU, KOCHUKIZHAKKATHIL, PRAYAR VADAKKUMURI, PUTHUPALLI VILLAGE, KARTHIKAPPALLI TALUK. BY ADV. SRI.K.HARILAL RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE, ALAPPUZHA DISTRICT - 698 001. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5614 OF 2011 ------------------------------------------------------ Dated this the 18th day of July, 2011 O R D E R 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.52 of 2011 of Kayamkulam Excise Range. 2. The offence alleged against the petitioners is under Sections 8 (1) and (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 10.5.2011, a quantity of 210 litres of wash and 7.8 litres of arrack were seized from a shed in the property of the petitioners. The petitioners surrendered before the investigating officer on 9.6.2011 and, on production before Court, they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BAIL APPL. NO.5614 OF 2011 :: 2 :: 5. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence of similar nature while on bail in the present 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 the present stage of investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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; BAIL APPL. NO.5614 OF 2011 :: 3 :: 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 ahz/