IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2502 of 2009 ----------------------------- CRIME NO.255/2009 OF CHERTHALA POLICE STATION CRMP.1172/2009 of DISTRICT COURT, ALAPPUZHA .................... PETITIONER/ACCUSED 1 TO 3 --------------------------------------------- 1. MANOJ S/O. SASI,AGED 28 YRS.,KUNNATH VELI VEEDU, NEAR PURUSHAN KAVALA, C.M.C.WARD XXVI, CHERTHALA. 2. BIJU,S/O.PRABHAKARAN, AGED 27 YRS., VALIYAPARAMBIL, EAST OF ANJILIPALAM, C.M.C.XVI,CHERTHALA. 3. PREJI,S/O. M SUKUMARAN MANIYAN,AGED 33 YRS., CHANIVELIYIL, C.M.C. XIV,CHERTHALA. BY ADV. SRI.C.K.SAJEEV RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2502 of 2009 ------------------------------------------ Dated, this the 12th day of May, 2009 ORDER This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.255 of 2009 of Cherthala Police Station alleging commission of offences punishable under Sections 8(1), (2) and 55(a) of the Abkari Act. 2. The allegation is that the petitioners were found in possession of 20 litres of arrack and they were taken into custody on 1.4.2009 and since then they have been in judicial custody. 3. I have heard learned counsel for the petitioners as also the learned Public Prosecutor. Considering the quantity of arrack involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 4. Accordingly this application is allowed subject to the following conditions: i) Petitioners shall be released on bail on each of them executing a bond for Rs.35000/- with two solvent B.A.No.2502 of 2009 2 sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate-I, Cherthaa. ii) Petitioners shall report before the investigating officer once in a week on all Saturdays between 10 a.m. and 11 a.m. till the final report is laid. C.T.RAVIKUMAR, JUDGE vns