IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5676 of 2009() ----------------------------- CRIME NO.401/2009 OF ANCHAL POLICE STATION, KOLLAM PETITIONER/ACCUSED NO.5: -------------------------------------------- SURESH, S/O.GANGADHARAN, BABU SADANAM, KOTTUKKAL. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, ANCHAL POLICE STATION KOLLAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, ALONG WITH BA NO. 5678 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.5676 & 5678 of 2009 --------------------------------------------- Dated this the 6th day of October, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. Bail Application No.5676 of 2009 is filed by accused No.5 while Bail Application No.5678 of 2009 is filed by accused No.2 in Crime No.401 of 2009 of Anchal Police Station. 2. The offences alleged against the accused persons are under Section 55(a) of the Abkari Act and Sections 109 and 120B of the Indian Penal Code. 3. The prosecution case is that on 8.8.2009, a quantity of 3400 litres of spirit was seized from the premises of a motor driving school. The spirit was attempted to be transported in four vehicles. The second accused was arrested on 12.8.2009 and the fifth accused was arrested on 13.8.2009 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of similar nature. Petitioners No.2 and 5 are in judicial custody since 12.8.2009 and 13.8.2009 respectively. It is also submitted that accused Nos.3 and 4 were granted bail as per the order in BA Nos.5676 & 5678/2009 2 B.A.No.5526 of 2009 dated 5.10.2009. 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. The petitioners shall be released on bail on their executing bond for Rs.50,000/- 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 and Thursdays, 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 Applications are allowed as above. K.T.SANKARAN, JUDGE csl