IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6771 of 2011() ----------------------------- CMP.2232/2011 of J.M.F.C., SASTHAMCOTTA CRIME NO.665/2011 OF CHAVARA-THEKKUMBHAGOM POLICE STATION KOLLAM DISTRICT .................... PETITIONER/ACCUSED-A1 & 2 ---------------------------- 1. PARTHASARADHI, AGED 21 YEARS, (A-1) S/O. SIVANKUTTY NELLIYEZHATHU VEEDU, ARINALLOOR MURI, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 2. RAHUL, AGED 19 YEARS,(A2) S/O. RAJAN, KIZHAKKUMBHAGATHU KIZHAKKATHIL, ARINALLOOR MURI, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6771 of 2011 ---------------------------------------------- Dated this the 26th day of August, 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.665 of 2011 of Chavara- Thekkumbhagom Police Station. 2. The offence alleged against the petitioners is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 10/08/2011, the petitioners were found transporting 7.5 litres of Indian Made Foreign Liquor intended for sale. They were arrested on 10/08/2011 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand Bail Appln.No.6771/2011 : 2 : only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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