IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1238 of 2010 CRIME NO.31 OF 2010 OF SASTHAMCOTTA EXCISE RANGE PETITIONES/ACCUSED A1 & 2 --------------------------------------------- 1. GIREESH KUMAR, S/O. CHANDRAN PILLAI, MUDIYIL VEEDU, KANATHAR KUNNAM MURI, WEST KALLADA VILLAGE, KUNNATHOOR TALUK. 2. SIVAN PILLAI, S/O. BHASKARAN PILLAI, KIZHAKKE NEDIATHU VEEDU, KANATHAR KUNNAM MURI, WEST KALLADA VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1238 OF 2010 ------------------------------------------------------ Dated this the 11th day of March, 2010 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.31 of 2010 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioners is under Section 55(d) and (i) of the Abkari Act. 3. The prosecution case is that on 18.2.2010, the petitioners were found transporting eleven bottles of Indian Made Foreign Liquor, each bottle containing 1.5 litres. The petitioners were arrested on 18.2.2010 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 1238 OF 2010 :: 2 :: 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. 6. 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, Sasthamcotta, 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/