IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 4180 of 2009 CRIME NO.106 OF 2009 OF KARUNAGAPPALLY EXCISE RANGE PETITIONERS/ACCUSED NO.1 AND 2 -------------------------------------------------- 1. RAJESH, AGED 27 YEARS,S/O.VISWANATHAN, VALIL THEKKATHIL HOUSE,KARIMULAKKAL MURI, CHUNAKKARA VILLAGE,MAVELIKKARA. 2. RENJITH, AGED 19 YEARS,S/O.RAMESAN, VALIL THEKKATHIL HOUSE,KARIMULAKKAL MURI, CHUNAKKARA VILLAGE,MAVELIKKARA. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY EXCISE INSPECTOR OF POLICE, KARUNAGAPPALLY EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4180 OF 2009 ------------------------------------------------------ Dated this the 30th July, 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 persons in Crime No.106 of 2009 of the Karunagappally Excise Range. 2. The offence alleged against the petitioners are under Sections 8(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 26.6.2009, the petitioners were found transporting 30 litres of arrack on a motor bike. It was also found that the petitioners were keeping possession of 245 litres of wash. They were arrested on 26.6.2009 and they were remanded to judicial custody. 4. 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 B.A. NO. 4180 OF 2009 :: 2 :: investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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 ahz/