IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Bail Appl..No. 7903 of 2011() ----------------------------- CMP.7814/2011 of J.M.F.C.,KASARAGOD CRIME NO.447/2011 OF VIDYANAGAR POLICE STATION KASARAGOD DISTRICT .................... PETITIONERS/ACCUSED NOS.1 & 2 : ------------------------------ 1. MUHAMMED HANEEFA.K.M., S/O.HAMSA, AGED 42 YEARS, DAVOOD MANZIL,PERUMBALA ROAD, NAYANMARMOOLA, KASABA VILLAGE, KASARAGOD TALUK. 2. AHAMMED.P., S/O.MUHAMMED, AGED 38 YEARS, PANALAM HOUSE, PERUMBALA ROAD, CHENGALA VILLAGE. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE, OFFICER, (CRIME NO.447 OF 2011), VIDYANAGAR POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7903 of 2011 ---------------------------------------------- Dated this the 03rd day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.447 of 2011 of Vidyanagar Police Station, Kasaragod District. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 15/09/2011, the petitioners were found transporting 84 bottles of Indian Made Foreign Liquor, each bottle containing 180 ml. 4. The petitioners were arrested on 15/09/2011 and they were remanded to judicial custody. 5. 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. 6. The petitioners shall be released on bail on their executing bond for `25,000/- (Rupees Twenty five thousand Bail Appln.No.7903/2011 : 2 : only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, 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, 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 skj