Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY,THE11H DAY OF NOVEMBER201320TH KARTHIKA, 1935 Bail Appl..No. 7509 of 2013 () ------------------------------- CRIME NO. 64/2013 OF KOYILANDY EXCISE RANGE, KOZHIKODE DISTRICT ----------------------------------------------- PETITIONER(S)/ACCUSED IN REMAND: -------------------------------------------------------- 1. SHAJI, AGED36YEARS, S/O.KUNHIRAMAN, RESIDING AT9126, THAZHE EROTH, CHERUVANNUR, AVALA AMSOM, KUTTOTH DESOM, P.O.AVALA, VIA MEPPAYYUR, KOYILANDY TALUK, KOZHIKODE DISTRICT.
2. NARAYANAN, AGED56YEARS, S/O.KANNAN, MEETHALA KANDOTH HOUSE, ARALA AMSOM, KUTTOTH DESOM, P.O.ARALA, KOZHIKODE DISTRICT. BY ADVS.SRI.C.VATHSALAN SRI.GHOSH YOHANNAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT/COMPLAINANT : -------------------------------------------------- STATE OF KERALA, (EXCISE INSPECTOR IN CRIME NO.64/2013 OF KOYILANDY EXCISE RANGE), REPESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.COCHIN-682 031 BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1111-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.7509 of 2013 -------------------------------------------- Dated this the 11th day of November 2013 ORDER
Petitioners are accused in Crime No.64 of 2013 of the Koyilandy Excise Range office for the offences punishable under Secs. 8(1) and 55(g) of the Kerala Abkari Act for alleged possession of 182 litres of wash, 1 litre of arrack and utensils seized from the house on a search conducted on 19.08.2013, are in custody from 15.10.2013 and seek bail.
2. Learned Public Prosecutor has submitted that investigation of the case is not completed. It is submitted that the petitioners are not reported to be involved in any other cases.
3. Learned counsel requested for bail having regard to the fact that petitioners are in custody from 15.10.2013.
4. Having regard to the facts and circumstances, I am inclined to grant bail but, subject to conditions. Bail Appl. No.7509 of 2013 2 Resultantly, the application is allowed as under. Petitioners are granted bail in Crime No.64 of 2013 of the Koyilandy Excise Range office and shall be released, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions. (a) One of the sureties shall be a close relative of any of the petitioners. (b) Petitioners shall report to the officer investigating Crime No.64 of 2013 of the Koyilandy Excise Range office on every Saturday between 10.00 a.m. and 12.00 p.m. for a period of two months or until filing of the final report, whichever is earlier. (c) Petitioners shall report to the investigating officer as and when required for interrogation. Bail Appl. No.7509 of 2013 3 (d) Petitioners shall not get involved in any offence during the period of this bail. (e) In case any of the above conditions is violated, it is open to the investigating officer to file application before the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. (f) This order granting bail will take effect only from 18.11.2013, since investigation is not completed. Sd/- THOMAS P. JOSEPH JUDGE NS