IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 9282 of 2011() ----------------------------- CMP.9113/2011 of J.M.F.C.,KASARAGOD C.R.No.411/2011 OF MANJESHWAR POLICE STATION .................... PETITIONERS/ACCUSED 2 AND 3: ----------------------------- 1. SANDESH, S/O. SUNDARAMUNDA, NEAR VAMANJUR SCHOOL, KASARAGODE. 2. HAREESHA, S/O.SEKHARAMUNDA, HOSANGADI, KASARAGODE. BY ADV. SRI.P.K.ANIL RESPONDENT COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9282 of 2011 ---------------------------------------------- Dated this the 16th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in C.R.No.411 of 2011 of Manjeshwar Police Station. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 01/06/2011 at about 9.30 P.M., the accused persons were found transporting 1362 bottles of Indian Made Foreign Liquor each bottle containing 180 ml. The Indian Made Foreign Liquor was intended for sale in Karnataka State. 4. The petitioners were arrested on 27/10/2011 and they were remanded to judicial custody. 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 Bail Appln.No.9282/2011 : 2 : petitioners only with effect from 30/11/2011. 6. The petitioners shall be released on bail with effect from 30/11/2011 on their executing bond for `25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod, 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 for a period of one month and thereafter on 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. Bail Appln.No.9282/2011 : 3 : 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