IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8153 of 2011() ----------------------------- AGAINST THE ORDER DATED 22/09/2011 IN CMP.8645/11 IN CR.59/2011 of UDUMBANCHOLA EXCISE RANGE .................... PETITIONERS/ACCUSED 1&2: -------------------------------- 1. RAJA, S/O.CHANDRAN, THATTAMPARAMBIL VEEDU, NEDUMKANDOM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. PANDYRAJAN, S/O.VELUTHEVAR, SARAVANABHAVAN, KUZHIPPETTI BHAGOM, CHAKKAKKANAM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. DR.PAULY MATHEW MURICKEN SRI.C.K.VARGHESEKUTTY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT-31 BY STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8153 OF 2011 --------------------------------- Dated this the 11th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in CR No.59 of 2011 of Udumbanchola Excise Range. 2.The offence alleged against the petitioners is under Section 55(a) & (i) of the Abkari Act. 3.The prosecution case is that on 21.9.2011, the petitioners were found in possession of 9 litres of Indian made foreign liquor intended for sale. The petitioners were arrested on the spot and they were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that the petitioners are not involved in any other case of similar nature. 5.Taking into account the facts and circumstances of the B.A.No.8153 OF 2011 2 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. 6.The petitioners shall be released on bail on their executing bond for Rs.25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandam, 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A.No.8153 OF 2011 3 F) 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 cms