IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 Bail Appl..No. 2843 of 2010() ----------------------------- CMP.1633/2010 of J.M.F.C.-I,KOYILANDY .................... (CRIME No.138/2010 OF ELATHUR POLICE STATION, KOZHIKODE DISTRICT) PETITIONERS/ACCUSED NOS. 1 AND 2 ---------------------------------------------------- 1. ANEESH.V.R, S/O.RAMESH.V.R, AGED 27 YEARS, KARANGATTU VALLATHERIL HOUSE, PERUMTHURUTHI, ERANHIKKAL. 2. DILEEP KUMAR, S/O.VELAYUDHAN, AGED 42 YEARS, MANIYAMCHERI HOUSE, THALAKULATHUR, PURAKKATTIRI. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------- B.A.No.2843 of 2010 -------------------------------------- Dated this the 13th day of May, 2010 ORDER This is an application for bail filed under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.138 of Elathur Police Station. They are indicted under Section 8(1) and (2) of Abkari Act. 2. The prosecution case is that on 29/4/2010 at 1.20 hours, the accused were found transporting illicit arrack in a Can for the purpose of effecting the sale. The petitioners were arrested on 29/4/2010. On being produced before the Judicial Magistrate of the First Class, Koyilandy they were remanded to judicial custody. 3. Considering the quantity involved in this case and also the fact that the investigation is almost over, I think this application can be allowed. Accordingly, this application is allowed as hereunder:- i) The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Judicial Magistrate of the First Class, Koyilandy. B.A.No.2843 of 2010 : 2 : ii) The petitioners shall not tamper with or attempt to tamper with and influence or intimidate the witnesses or attempt to influence or intimidate them. C.T.RAVIKUMAR, JUDGE skj