IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 2057 of 2010() --------------------------------- CMP.2550/2010 of J.M.F.C.,CHAVAKKAD C.R.NO. 8/2010 0F CHAVAKKAD EXCISE RANGE .................... PETITIONERS-ACCUSED : ---------------------------- 1. VASU, SON OF MAKKALIKKAL KUNHUMON, CHERAYI DESOM, PUNNAYOORKKULAM VILLAGE, CHAVAKKAD TALUK, TRICHUR DISTRICT. 2. MANOJ, SON OF KARUTHEDATH PAPPU, CHERAYI DESOM, PUNNAYOORKKULAM VILLAGE, CHAVAKKAD TALUK, TRICHUR DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT/STATE : ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2057 of 2010 ------------------------------------ Dated this the 7th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in C.R.No. 8/2010 of Excise Range, Chavakkad, Trichur District. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 25.03.2010, the accused persons were found transporting 27 litres of Indian Made Foreign Liquor. They were arrested on 25.03.2010. The petitioners are in judicial custody since then. 4. The learned counsel for the petitioners submitted that the petitioner is not involved in any other case of similar nature. 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 petitioners. B.A. No. 2057 of 2010 2 6. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chavakkad 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 ln