IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Bail Appl..No. 4813 of 2010() ---------------------------------------- CR. NO.14/2010 OF ADIMALI EXCISE RANGE, IDUKKI DISTRICT ......... PETITIONERS/ACCUSED NOS. 1 & 2. ---------------------------------------------------- 1. SHINE, S/O.DAMODARAN, KEVALAYIL VEEDU, VENGALLUR KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK. 2. VIJUMON @ BIJUMON, S/O.NARAYANAN, OOLANIYIL VEEDU, MUNIYARA KARA, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP. BY THE EXCISE INSPECTOR, ADIMALI EXCISE RANGE, IDUKKI DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 4813 of 2010 ------------------------------------ Dated this the 18th day of August, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a), 58, 67 B of the Abkari Act. According to prosecution, on 01/07/2010, at about 5:30 p.m, excise officials intercepted two vehicles. One of the vehicles was driven by first accused, in which, second accused was a passenger. 160 litres of spirit were siezed from the vehicle. From the other pick-up van, which was driven by third accused, 320 litres of spirit were seized and thereby, accused numbers 1 to 3 committed the above offences. 3. Learned counsel for petitioners submitted that first accused is a contractor in FACT, and second accused is an agriculturist. They are totally innocent of the allegations made. They were going to meet second accused's mother. Petitioners are cousins. Nothing was seized from petitioner's vehicle. It is unlikely that petitioners would transport spirit in a car which has no protective film and the car is a new and costly one. Petition B.A. No. 4813 / 2010 2 for bail. Petitioners are in custody for the past 49 days. First petitioner's brother's daughter's marriage to be conducted on 28.08.2010. 4. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in granting bail but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday except on 28.08.2010, between 10 A.M. and 1 P.M. ii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. B.A. No. 4813 / 2010 3 iii) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln