Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.99/2014 of the Pathanapuram Excise Range registered for the offences punishable under Sections 55(a) and 67B of the Kerala Abkari Act.
3. The allegation against the petitioners is that on 3.9.2014 at 1.30 a.m., they were found transporting 7000 litres of spirit contained in a sealed chamber of tanker lorry bearing Reg. No.TN- 10/AA-4957 from Tamil Nadu to Kerala. The petitioners have been in custody for the period from 3.9.2014 onwards.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Even though the petitioners were arrested on 3.9.2014, the investigation of the case is not yet over and the final report has not been filed so far. Matters being so, the petitioners are entitled to compulsive bail under Section 167(2) of the Code of Criminal Procedure.
5. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them executing a bond for ₹1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioners shall report before the Investigating Officer in between 9 am and 11 am on all Saturdays and Wednesdays, commencing from 22.11.2014 for a period of six months.
(ii) The petitioners shall surrender their passports before the Court below. In case both or any of them have/has no passport, such person shall file an affidavit to that effect.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(v) The Petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge