IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 Bail Appl..No. 944 of 2009() ---------------------------- CMP.938/2009 of J.M.F.C., CHENGANNUR CRIME NO. 13/2009 of CHENGANNUR EXCISE RANGE .................... PETITIONERS/ACCUSED NOS. 1 &2:- ---------------------------------------- 1. SANTHOSH, AGED 39 YEARS, S/O. GOPALAN, KALIUVENGAYIL KIZHAKKATHIL, CHERIYANADU PADINJATTU MURI, CHERIYANAD VILLAGE. 2. RATHEESH, AGED 20 YEARS, S/O. NANUKUTTAN, KALIUVENGAYIL KIZHAKKETHIL,CHERIYANADU PADINJATTU MURI, CHERIYANAD VILLAGE. BY ADV. MR. R.SUNIL KUMAR MS. A.SALINI LAL RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY EXCISE INSPECTOR, CHEGANNUR EXCISE RANGE. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 944 of 2009 ==================== Dated this the 3rd day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in Crime No. 13 of 2009 of Chengannur Excise Range for an offence punishable under section 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 4 litres of arrack seek their enlargement on bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. It is too early to accept the 1st petitioner's contention that he has been falsely implicated in the case. Moreover, I am not satisfied that both the grounds enumerated under sec.41A (b)(ii) of the Abkari Act are present in this case so as to justify his release on bail, particularly when he is an accused in another case involving similar offence. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the 2nd petitioner and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner. Accordingly, the 2nd petitioner is B.A. No. 944/2009 : 2 : directed to be released on bail on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial First Class Magistrate, Chengannur and subject to the following conditions: 1. The 2nd petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd petitioner shall make himself available for interrogation, including custodial interrogation as and when required by the police till the filing of the final report. 3. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 2nd petitioner shall not commit any offence while on bail. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above. Dated this the 3rd day of March, 2009. B.A. No. 944/2009 : 2 : V.RAMKUMAR, JUDGE. rv