IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2864 of 2009() ----------------------------- CMP.2506/2009 of J.M.F.C.-II,NEDUMANGAD CRIME NO.309/09 OF ARYANADU POLICE STATION PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. SANTHOSH KUMAR, S/O.BAHULAYAN NAIR, KUNNUMPURATHU VEEDU, MOOZHYNADA JUNCTION, BHAGAVATHYPURAM, KADAMPANADU MURI, ARUVIKARA VILLAGE. 2. RAJESH, S/O.RAJENDRAN NAIR, KALIVILAKATHU VEEDU, MOOZHYNADA, BHAGAVATHYPURAM, KADAMPANADU MURI, RUVIKARA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2864 of 2009 ----------------------------------------- Dated this the 2nd June, 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 1 and 2 in Crime No.309/09 of Aryanadu Police Station. 2. The offence alleged against the petitioners is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that accused 1 and 2 were found transporting of 1.75 litres of arrack. It is the further case of the prosecution that accused No.3 sold the arrack to accused 1 and 2. Accused 1 and 2 were arrested on 16.5.2009. Accused No.3 was arrested on 18.5.2009. 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. BA.2864/09 2 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumangad, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 AM and 11 AM 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 vgs.