IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4569 of 2009() ----------------------------- CRIME NO.39/09 OF KOYILANDY EXCISE RANGE .................... PETITIONERS/ACCUSED 1 AND 2 ----------------------------------------------- 1. VELUKUTTY, S/O. KELAPPAN, SCHOOL PARAMBIL HOUSE, KEEZHARIYOOR. 2. RAJAN, S/O. CHOYI, MARUTHERI PARAMBATH HOUSE, KEEZHARIYOOR. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE EXCISE INSPECTOR, KOYILANDY EXCISE RANGE. 2. STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4569 of 2009 --------------------------------------------- Dated this the 17th day of August, 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.39 of 2009 of Koyilandy Excise Range. 2. The offences alleged against the petitioners are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 31.7.2009, the petitioners were found in possession of 7.5 litres of arrack. The petitioners were arrested on the same date. They are in 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.25,000/- each with two solvent sureties for the like BA No.4569/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Payyoli, 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