IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 778 of 2010() ---------------------------- CRIME NO.8/2010 OF PARAPPANANGADI EXCISE RANGE .................... PETITIONERS/ACCUSED 2 & 3: ---------------------------------------------- 1. M.G.DEVARAJAN, S/O.GOPALAN, EDAKKARA AMSOM, DESOM, POTHUKALLU PANCHAYAT ALINTA VADAKKAYIL HOUSE, NILAMBUR TALUK. 2. VINAYAN, S/O.MOHANACHANDRAN, MADATHILAKATH VEETTIL,TIRUMITTAKKODE AMSOM, DESOM, OTTAPPALAM TALUK. BY ADV. SRI.M.AJAY RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, PARAPPANANGADI EXCISE RANGE, PARAPPANANGADI, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.778 of 2010 --------------------------------------------- Dated this the 9th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.8 of 2010 of Parappanagadi Excise Range. 2. The offences alleged against the petitioners are under Sections 55(i) and 56(b) of the Abkari Act. 3. The prosecution case is that on 30.1.2010, on the commemoration day of Mahatma Gandhi, the petitioners sold 1.125 litres of Indian made foreign liquor and 650 ml. of Beer to accused No.1. The petitioners were arrested on 30.1.2010 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 investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like BA No.778/2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Parappanangadi, 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 csl