IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5884 of 2009 CRIME NO.391 OF 2009 OF KADUTHURUTHY POLICE STATION PETITIONERS: ACCUSED NOS.5 AND 6: -------------------- 1. SURESH, S/O. GOPALAN, UNNIKIZHINJAMTHOTTIL HOUSE, PEROOR KARA, PEROOR VILLAGE. 2. ROBIN, S/O. MATHEW, PANAKKUZHY HOUSE, PARAMPARAM KARA, MUTTUCHIRA VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KADUTHURUTHY, KOTTAYAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5884 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 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.5 and 6 in Crime No.391 of 2009 of Kaduthuruthy Police Station. 2. The offence alleged against the accused persons is under Section 55(a), (g), (h) and (i) of the Abkari Act. 3. The prosecution case is that on 19.9.2009, on getting information that illicit arrack was being sold at the residence of the first accused, the police party went there. On seeing the police party, accused Nos.1 and 7 escaped. Accused Nos.2 to 6 were arrested. Accused Nos.2, 3 and 4 were having in their possession five litres each of coloured arrack. No contraband was in the possession of accused Nos.5 and 6. 4. The petitioners, accused Nos.5 and 6, were remanded to B.A. NO. 5884 OF 2009 :: 2 :: judicial custody. They are in judicial custody since 19.9.2009. It is submitted that accused Nos.2 to 4 were granted bail. 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 petitioners. 6. 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, Vaikom, 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; B.A. NO. 5884 OF 2009 :: 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 ahz/