IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4764 of 2009 CRIME NO.139 OF 2009 OF KARUNAGAPPALLY EXCISE RANGE CMP.10049/2009 of J.M.F.C. - I, KARUNAGAPPALLY PETITIONER/ACCUSED 1 AND 2 ---------------------------------------------- 1. SHOBANA KUMAR, S/O. PURUSHOTHAMAN, KINARUVILA VADAKKETHIL HOUSE, SOUTH EAST MURI, THAZHAVA VILLAGE, KARUNAGAPPALLY, KOLLAM DIST. 2. SHAJI, S/O. KUMARAN, PALAPPALLIL HOUSE MYNAGAPPALLY SOUTH, PAVUMBA, KARUNAGPPALLY, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE EXCISE RANGE INSPECTOR KARUNAGAPPALLY EXCISE RANGE, KOLLAM DIST. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4764 OF 2009 ------------------------------------------------------ Dated this the 26th August, 2009 O R D E R 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.139 of 2009 of Karunagappally Excise Range. 2. The offence alleged against the petitioners is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 7.8.2009, the petitioners were found transporting 35 litres of arrack. The petitioners were arrested on the same date 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. B.A. NO. 4764 OF 2009 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- 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: 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 ahz/