IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9557 of 2011() ----------------------------- CMP.6590/2011 of J.M.F.C., KAYAMKULAM CRIME NO.129/2011 OF KAYAMKULAM EXCISE RANGE .................... PETITIONERS/ACCUSED 1 & 2 : --------------------------- 1. THAMBAN, S/O.PANKAJAKSHAN, MAVELIL KIZHAKKATHIL, KANNAMPALLI BHAGAM MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK. 2. THANKAMANI, W/O.THAMBAN, MAVELI KIZHAKKATHIL, KANNAMPALLI BHAGAM MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE SRI.MANU SEBASTIAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM- 690 502. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9557 of 2011 ---------------------------------------------- Dated this the 25th day of November, 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.129 of 2011 of Kayamkulam Excise Range. 2. The offence alleged against the petitioners is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 11/11/2011, the petitioners were found engaged in the sale of Indian Made Foreign Liquor. A quantity of 5.5 litres of Indian Made Foreign Liquor was seized from the possession of the petitioners. 4. The petitioners were arrested on 11/11/2011 and they were remanded to judicial custody. 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 petitioner. Bail Appln.No.9557/2011 : 2 : 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, Kayamkulam, 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 skj True copy P.A. to Judge