IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 2029 of 2010() ----------------------------- (CRIME NO.11 OF 2010 OF EXCISE RANGE OFFICE, KODUNGALLUR, THRISSUR DISTRICT). PETITIONERS/ACCUSED --------------------------------------- 1. SREENIVASAN, S/O.KUMARAN, THOPPIL HOUSE, PANAGADU DESOM, S.N.PURAM VILLAGE KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. G.O.JOHNSON, AGED 50 YEARS, S/O.OUSEPH, GOPURATHINKAL HOUSE, KUNDOOR DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KODUNGALLUR, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2029 of 2010 ------------------------------------ Dated this the 7th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 2 in C.R. No. 11/2010 of Kodungallur Excise Range, Thrissur District. 2. The offences alleged against the petitioners are under Sections 56(b) and 57(a) of the Abkari Act. 3. When the Bail Application came up for hearing on 29.03.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 2nd and 3rd April, 2010. Post on 07.04.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be B.A. No. 2029 of 2010 2 arrested until further orders in connection with C.R. No. 11/2010 of Kodungallur Excise Range, Thrissur District. The petitioners shall produce copy of this order before the investigating officer. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 29.03.2010. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 2029 of 2010 3 A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on alternate 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 to the extent indicated above. K.T. SANKARAN, JUDGE ln