IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 3712 of 2010() ----------------------------- CMP.4121/2010 of J.M.F.C.,CHITTUR ................................. CRIME NO.15/10 OF KOLLENGODE EXCISIE RANGE, PALAKKAD ................................... PETITIONERS (S):/ACCUSED NOS.1 AND 2 --------------------------------------------------- 1. PRASANTH, S/O.PRABHAKARAN NAIR, KAITHAPPUZHAVEEDU, MAYYANADU VILLAGE, KOLLAM DISTRICT. 2. RAJESH, S/O.VIJAYARAJ, KAKKANTEZHIKATH PUTHENVEETTIL, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLENGODE, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.3712 OF 2010 ----------------------------------- Dated this the 12th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offence is under section 55(a) of Abkari Act. According to prosecution, on 13.5.2010 at about 11.30 am, the petitioners A1 and 2 were found transporting 1485 litres of spirit in a mini lorry. They were arrested from the spot. 3. Petitioners are in custody for the past 61 days. Charge sheet is not so far laid. Hence learned public prosecutor submitted that petitioners are entitled for bail u/s 167(2) Cr.P.C. 4. On hearing both I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on following conditions: 1) Petitioners shall report before the investigating officer on every alternate day B.A. No.3712/10 2 between 10 AM and 1 PM. 2) Petitioner shall not leave the limits of police station within which crime is registered without prior permission of the learned Magistrate. 3) Petitioners shall not influence or intimidate the witnesses or tamper with evidence. 4) In case petitioners are involved in other crime of similar nature, the bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. Sou.