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. 4135 of 2009() ----------------------------------------- CMP.3074/2009 of ADDL.C.J.M.,TRIVANDRUM CRIME NO.41/2009 OF THIRUVANANTHAPURAM EXCISE RANGE. .................... PETITIONERS/ ACCUSED -------------------------------------- 1. SHAMI,S/O.MAEEN, HOUSE NO.116,KP KOVIL STREET, SAIDAPETTU,CHENNAI. 2. VINCENT,S/O.CHAKKAPPAN, PUNNELI VEEDU,THAZHAYANGADI, MANANTHAVADI,WAYANADU. BY ADV. SRI.R.T.PRADEEP RESPONDENT: ---------------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI TEKCHAND, PUBLIC PROSECUTOR 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. 4135 of 2009 ------------------------------------ Dated this the 17th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No. 41/2009 of Thiruvananthapuram Excise Range. 2. The offences alleged against the petitioners are under Sections 55(a) and 65 of the Abkari Act. 3. The prosecution case is that on 12/06/2009,the petitioners were found transporting a quantity of 1650 litres of spirit. The petitioners were arrested on the spot and they are in judicial custody since 12/06/2009. 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. 5. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Additional B.A. No. 4135 / 2009 Page numbers Chief Judicial Magistrate,Thiruvananthapuram 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 and Thursdays, 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 scm