IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9103 of 2011() ---------------------------------- (C.R. NO.137/2011 OF ADOOR EXCISE RANGE, PATHANAMTHITTA DISTRICT) ..... PETITIONERS/ACCUSED NOS. 1 & 2: ------------------------------------------- 1. UMA, D/O.AYUSHAMMA, 45 YEARS VISHNU BHVANAM, MUNDAPALLYMURI, PERINGANAD VILLAGE ADOOR TALUK. 2. SANTHAMMA, D/O.KUTTY 52 YEARS, AMBILI BHAVANAM, MUNDAPALLYMURI, PERINGANAD VILLAGE ADOOR TALUK. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9103 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 and 2 in Crime No. 137/2011 of Addoor Excise Range for offence punishable under Section 55(i) of the Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side and taking note that the quantity involved is only 1 ½ litres of Indian made foreign liquor and on gender consideration, this petition is allowed. 3. The petitioners shall report before the Investigating Officer within a week. The Investigating Officer, after interrogation, shall release the petitioners on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to B.A.No.9103/2011 2 the following conditions. 1) Petitioners shall report before the Investigating Officer at 10 a.m on every Monday. 2) Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3) Petitioners shall not leave Pathanamthitta District without the previous permission of the Court. 4) Petitioner shall not commit any offence while on bail. 5) This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. (P.S.GOPINATHAN, JUDGE) ps/23/11