IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5837 of 2009() ----------------------------- CRIME NO.62/2009 OF EXCISE RANGE OFFICE, UDUMBANCHOLA .................... PETITIONERS/ ACCUSED --------------------------------------- 1. CHURULIRAJ,AGED 48 YEARS, S/O.VELUSWAMY GOUNTER,UDUMBANCHOLA PANCHAYATH, VIII/54,CHATHURENGAPARA VILLAGE, UDUMBANCHOLA TALUK. 2. EASWARAN,AGED 23 YEARS,S/O.CHURULI, NAMARIKARA, S/O.VELUSWAMY GOUNTER, UDUMBANCHOLA PANCHAYATH, VIII/54, CHATHURENGAPARA VILLAGE,UDUMBANCHOLA TALUK. 3. VARUNKUMAR,AGED 23 YEARS, S/O.RAMANATHAN, UDUMBANCHOLA PANCHAYATH, VIII/54,CHATHURENGAPARA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY SRI.K.S.SUMEESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY THE EXCISE INSPECTOR, UDUMBANCHOLA RANGE REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, COCHIN - 31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5837 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused persons in Crime No.62 of 2009 of Udumbanchola Excise Range. 2. The offence alleged against the petitioners is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 31.8.2009, the petitioners were found transporting a quantity of 52.5 litres of Indian made foreign liquor in a jeep. The petitioners were arrested on the same day and they are in judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of a 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 BA No.5837/2009 2 petitioners. 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, Nedumkandom, 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 csl