IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2280 of 2009 ----------------------------- CRMP.1485/2009 of J.M.F.C., ADOOR .................... PETITIONERS/ACCUSED 1 & 2: -------------------------------------------- 1. BENNY, AGED 26, YEARS, S/O. THANKACHAN, ONAMPALLIL VEEDU, ENATHU MURI, ENATHU VILLAGE, ADOOR. 2. SREELAL, AGED 32 YEARS, S/O. SASIDHARAN NAIR, SREEMANGALAMVEEDU, KANNIMEL CHERRY, KILIKOLOOR VILLAGE, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT, KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2280 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 respectively in Crime No.143 of 2009 of Enath Police Station registered under Section 8(1) and (2) of the Abkari Act. The allegation is that they were found in possession of 30 litres of spirit and they were arrested on 1.4.2009 and since then they are in judicial custody. 2. I have heard the learned Public Prosecutor. Considering the quantity of spirit involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 3. Accordingly this application is allowed subject to the following conditions: i) Petitioners shall be released on bail on their executing a bond for Rs.20000/- each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate, Adoor. B.A.No.2280 of 2009 2 ii) Petitioners shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. iii) Petitioners shall report before the investigating officer twice in a week on all Mondays and Fridays between 10 a.m. and 11 a.m. till the final report is laid. C.T.RAVIKUMAR, JUDGE vns