IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8429 of 2011() ----------------------------- AGAINST THE ORDER DATED 04/10/2011 IN CMP.7050/2O11 IN CMP.7052/2011 of J.M.F.C.-I, CHENGANNUR Crime No.57 of 2011 of Chengannur Excise Range, Alappuzha District. .................... PETITIONERS/ACCUSED: -------------------- 1. YESODHARAN, AGED 36 YEARS S/O.KUTTAPPAN, CHERIYANADU PADINJATTUMURI, CHERYANADU VILLAGE, CHENGANNUR TALUK ALAPPUZHA DISTRICT. 2. KOCHUMON @ SANTHOSH, AGED 35 YEARS S/O.KUTTAN, CHERIYANADU PADINJATTUMURI, CHERYANADU VILLAGE, CHENGANNUR TALUK ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8429 OF 2011 --------------------------------- Dated this the 19th 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 Crime No.57 of 2011 of Chengannur Excise Range, Alappuzha District. 2.The offences alleged against the petitioners are under Sections 8 (1) & (2) and 55 (i) of the Abkari Act. 3.The prosecution case is that on 26.9.2011, the petitioners were found in possession of 3 litres of arrack. The first petitioner was arrested on 26.9.2011. The second accused ran away from the place. He was arrested on 30.9.2011. 4. The learned Public Prosecutor submitted that B.A.No.8429 OF 2011 2 accused No.1 is involved in four other crimes of similar nature and the second accused is involved in seven other crimes of similar nature. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 5.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 on stringent conditions. 6.The petitioners shall be released on bail on their executing bond for `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, Chengannur, 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 and Thursdays for a period of two months and thereafter on all B.A.No.8429 OF 2011 3 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. 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