IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2303 of 2010() ----------------------------- CMP.1164/2010 of J.M.F.C.,THALASSERY .................... (CRIME NO.319/10 OF CHOCKLI POLICE STATION) PETITIONERS/ACCUSED 1 & 2: ----------------------------------------------- 1. PARAYILLATH BABU, S/O.CHATHU, AGED 39 YEARS, PARAYILLATH HOUSE, KUMMANGODU AMSOM, NADAPURAM. 2. P.V.LINEESH, S/O.BALAN, AGED 29 YEARS, PERUVANKANDIYIL, KALLACHI, VISHNUMANGALAM. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q. BARKATH ALI, J. -------------------------------- B.A. No. 2303 OF 2010 --------------------------------- Dated this the 11th day of May, 2010 O R D E R ~~~~~~~ This is a bail application filed by accused Nos. 1 and 2 in Crime No.319/2010 of Chokly Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioners is that on 1.4.2010 at 10 p.m. he along with 3rd accused found transporting Indian Made Foreign Liquor, 212 bottles containing 180 ml. each, 48 bottles containing 375 ml. each and 18 bottles of 750 ml. each in two autorickshaws bearing registration Nos.KL.18A 4428 and KL.18 C 5947 at Palloor-Chokly road and thereby committed an offence punishable under Section 55(a) of the Abkari Act. 3. The petitioners were arrested on the spot and were remanded to judicial custody. Their bail application was dismissed by the Judicial Magistrate of the First Class, Thalassery. BA No.2303/2010 2 4. It is alleged in this petition that the petitioners are innocent of the offences alleged against them and that they are prepared to abide by any condition that may be imposed by this Court, if released on bail. 5. Heard learned counsel for the petitioners and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 6. For the following reasons I am inclined to grant bail to the petitioners. They are in remand from 1.4.2010 onwards. The learned Public Prosecutor submitted that the investigation in this case is almost over and no other similar case is pending against them. Therefore, I feel that the petitioners can be released on bail on conditions. 7. In the result, the application is allowed. The petitioners shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent BA No.2303/2010 3 sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioners shall appear before the Investigating Officer on all Mondays between 9 A.M. and 10 A.M. 2) The petitioners shall not commit any offence similar in nature while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the trial court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancel their bail. (P.Q. BARKATH ALI, JUDGE) ps