IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5050 of 2009(P) CRIME NO.152 OF 2009 OF PERUVANTHANAM POLICE STATION, IDUKKI PETITIONR/ACCUSED 1 & 2 ------------------------------------------- 1. P.J.ROY S/O. JOSEPH, PUTHENPURACKAL VEETTIL VARIKKANI PALLI BHAGAM, MUNDAKAYAM KARA ERUMELY, VADAKKU VILLAGE. 2. ARUN KUMAR, S/O. P.R.RAJAN, PARAYIL PURAYIDAM VEETTIL, VENA NILAM KARA, MUNDAKAYAM VILLAG. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.NITHIN JACOB RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5050 OF 2009 ------------------------------------------------------ Dated this the 10th day of September, 2009 O R D E R 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.152 of 2009 of Peruvanthanam Police Station, Idukki District. 2. The offence alleged against the petitioners is under Section 55(a) and (h) of the Abkari Act. 3. The prosecution case is that on 22.8.2009, the petitioners and the other accused persons were found transporting 23 litres of Indian Made Foreign Liquor. The petitioners were arrested on 22.8.2009 itself and they are in 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. B.A. NO. 5050 OF 2009 :: 2 :: 5. 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 - II, Peermade, 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 Application is allowed as above. (K.T.SANKARAN) Judge ahz/