IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 91 of 2010 CR.NO.65 OF 2009 OF VATAKARA EXCISE RANGE, KOZHIKODE PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. ABHILASH, S/O.ANANDAN, AGED 24 YEARS, ERAMALA AMSOM, AZHIYOOR DESOM, VATAKARA TALUK. 2. RAJEESH, S/O.KUNHIRAMAN, AGED 22 YEARS, PUTHANPURAYIL HOUSE, ERAMALA AMSOM, AZHIYOOR DESOM, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, VATAKARA EXCISE RANGE, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 91 OF 2010 ------------------------------------------------------ Dated this the 13th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in C.R. No.65 of 2009 of Vatakara Excise Range. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The learned counsel for the petitioners submitted that the Bail Application is not pressed in so far as it relates to the first petitioner (Abhilash) as he had filed B.A.No.36 of 2010 and he was ordered to be released on bail as per the order dated 11.1.2010. It is stated that two Bail Applications happened to be filed because of some lack of communication. 4. The second petitioner was arrested on 26.12.2009 and he was remanded to judicial custody. B.A. NO. 91 OF 2010 :: 2 :: 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the second petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the second petitioner. 6. The second petitioner (second accused) shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vatakara, subject to the following conditions: a) The second petitioner 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 second petitioner shall appear before the investigating officer for interrogation as and when required; c) The second petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The second petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 91 OF 2010 :: 3 :: e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is dismissed as not pressed in so far as it relates to the first petitioner and it is allowed in the manner indicated above in so far as it relates to the second petitioner (second accused). (K.T.SANKARAN) Judge ahz/