IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Bail Appl..No. 3099 of 2008 ------------------------------------- (CRIME NO. 139/2008 OF KILIMANOOR POLICE STATION) .................... PETITIONERS/ACCUSED: ------------------------------------- 1. GOPAKUMAR, S/O.SADASIVAN PILLAI, KUNNUVILA VEEDU, KALAIKODE, MALLAIKAL DESOM, KILIMANOOR VILLAGE. 2. VIDYADARAN, S/O.VELU, CHERUVILA PUTHENVEEDU, KALAIKODE, MALLAIKAL DESOM, KILIMANOOR VILLAGE. 3. RAJAN, S/O.GOPALAN, PARAKUNIL VEEDU, KALAIKODE, MALLAIKAL DESOM, KILIMANOOR VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ----------------------------------------- Bail Application No. 3099 of 2008 ----------------------------------------- Dated this the 16th day of May, 2008 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners who are the accused in Crime No. 139 of 2008 of Kilimanoor Police Station for offences punishable under Secs.8(1) and 8(2) of the Abkari Act for having been found in possession of 6 litres of illicit arrack, seek their enlargement on bail. Petitioners were arrested on 23.03.2008. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs.20,000/- (Rupees Twenty Thousand only) with two solvent sureties each Bail A.No. 3099 Of 2008 -:2:- for the like amount to the satisfaction of the J.F.C.M.- II, Attingal , and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, JUDGE Mbs/ Bail A.No. 3099 Of 2008 -:3:-