IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2833 of 2009 CRIME NO.17 OF 2009 OF VADAKARA EXCISE RANGE CMP.2550/2009 of J.M.F.C.,VADAKARA PETITIONERS/ACCUSED --------------------------------------- 1. BABIN KUMAR,S/O.BABU,AGED 22, KURUNGOT HOUSE,KARUVANCHERRY DESOM, VADAKARA TALUK. 2. PRATHEESH,S/O.NARAYANAN,AGED 24, KIZHAKEKULANGARACHALIL HOUSE, KARUVANCHERRY DESOM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, (INSPECTOR VADAKARA EXCISE RANGE) PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2833 OF 2009 B ------------------------------------------------------ Dated this the 29th May, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.17 of 2009 of Vadakara Excise Range. 2. The offence alleged against the petitioners is under Section 55 (a) of the Abkari Act. 3. The prosecution case is that the petitioners were found transporting unauthorisedly 7.2 litres of Indian Made Foreign Liquor from Mahe to Kerala on 8.5.2009. The petitioners were arrested and were remanded to judicial custody on 8.5.2009 itself. 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 B.A. NO. 2833 OF 2009 :: 2 :: for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vadakara, 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/