IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5110 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4577/2011 Dated 16/06/2011 CMP.4289/2011 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.670/2011 OF OACHIRA POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 ---------------------------- 1. RATHEESH. (ACCUSED NO.1), S/O.REVI, AGED 30 YEARS, KAROOR VEEDU, CLAPPANA NORTH MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. 2. RAJENDRAN. (ACCUSED NO.2), S/O.MADHAVAN, AGED 30 YEARS, PUTHENPURAYIL VEEDU, CLAPPANA NORTH MURI, CLAPPANA VILLAGE, BY ADV. SRI.P.V.VENUGOPAL RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, OACHIRA. PIN. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5110 of 2011 ----------------------------------------------------- Dated this the 04th day of July, 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.670 of 2011 of the Oachira Police Station. 2. The offence alleged against the petitioners are under Sections 55(a) and 55(i) of the Abkari Act. 3. The prosecution case is that on 23/05/2011, the accused were found transporting 20.250 litres of Indian Made Foreign Liquor. The petitioners were arrested on 23/05/2011 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 offence 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 only) with two solvent sureties for the like amount to the Bail Appln.No.5110/2011 : 2 : satisfaction of the Judicial Magistrate of the First Class, Karunagapally, 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