IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7089 of 2009() ----------------------------- CRIME NO.64/2009 OF CHADAYAMANGALAM EXCISE RANGE .................... PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. KUNJUMON, S/O.OONNUNNI, KUNNUVILA VEEDU, POLIKODE DESOM, VALAKOM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. THULASIDHARAN, S/O.VASUDEVAN, SMITHA BHAVAN, VAYAKKAL MURI, VALAKOM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY ITS EXCISE INSPECTOR, EXCISE RANGE, (CRIME NO.64/2009), CHADAYAMANGALAM REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7089 of 2009 --------------------------------------------- Dated this the 3rd day of December, 2009 ORDER 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.64 of 2009 of Chadayamangalam Excise Range. 2. The offence alleged against the petitioners are under Sections 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 18.11.2009, the accused persons were found in possession of 1.950 litres of arrack. They were arrested on the same date and they were remanded to judicial custody. 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. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like BA No.7089/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, 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