IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7098 of 2009() ----------------------------- CRIME NO.530/09 OF THENMALA POLICE STATION, KOLLAM .................... PETITIONERS/ACCUSED 1 - 3 --------------------------------------------- 1. SHAHAN, S/O.ASHKAR, KUTTATHIMANNIL VEETTIL, ACHENKOVIL, ARYANKAVU VILLAGE. 2. MANIKANDAN, S/O.SIVANKUTTY, PUTHENVILAYIL VEETTIL, ACHENKOVIL, ARYANKAVU VILLAGE. 3. MURUKAN, S/O.VAMADEVAN, BLOCK NO.97, ACHENKOVIL, ARYANKAVU VILLAGE. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7098 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.530 of 2009 of Thenmala Police Station, Kollam District. 2. The offence alleged against the petitioners is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 6.11.2009, the accused persons were found transporting 110 bottles of Indian made foreign liquor, each bottle containing 500 ml., in an autorickshaw. The petitioners surrendered before court on 17.11.2009 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No.1 is involved in another crime. 5. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. BA No.7098/2009 2 6. 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 and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur, 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 csl