IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4520 of 2009 CRIME NO.47 OF 2009 OF PERUMBAVOOR EXCISE RANGE PETITIONERS/1ST AND 2ND ACCUSED --------------------------------------------------- 1. VARGHESE, S/O.SCARIA, KARIMATHARA PUTHENPURA VEEDU, MULAMKULAM VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT. 2. PRASANNAN, S/O.KUNJAN PILLA, KALAPURACKAL VEEDU, KOMBANADU VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PRUMBAVOOR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4520 OF 2009 ------------------------------------------------------ Dated this the 13th 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.47 of 2009 of Perumbavoor 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 the petitioners were found in possession of 1.5 litres of illicit arrack on 18.7.2009 in a forest area. It is also alleged that they have committed a forest offence. The petitioners were arrested by the forest officials on 18.7.2009 and the formal arrest of the petitioners was recorded in the present case on 28.7.2009. The petitioners are in judicial custody since then. 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 B.A. NO. 4520 OF 2009 :: 2 :: 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 for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Perumbavoor, 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/