IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2904 of 2009() ----------------------------- CRIME NO.66/2009 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONERS (S): ACCUSED 1 & 2 --------------------------------- 1. RAJU, S/O.RAJESH, VALLATHARA THEKKATHIL, PRAYAR SOUTH MURI, PUTHUPPALLY VILLAGE, KARTHIKAPPALLY. 2. BIJU, S/O.KUTTAPPAN, POTHIYIL CHIRAYIL HOUSE, VADAKKU KOCHU MURI, PUTHUPPALLY VILLAGE, KARTHIKAPPALLY. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- B.A.No.2904 of 2009 ------------------------------------ Dated this the 3rd day of June, 2009 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.66 of 2009 of Karunagappally Excise Range. 2. The offences alleged against the petitioners are under Sections 8(1) and (2) of Abkari Act. 3. The prosecution case is that the accused persons found transporting 40 litres of arrack. The petitioners were arrested on 14.4.2009 and they are in judicial custody. 4. 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. 5. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: BA No.2904/2009 2 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 csl