IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4848 of 2009(L) ------------------------------ CRIME NO.126 OF 2009 OF KUTTAMPUZHA POLICE STATION CMP.1868/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM PETITIONER/ACCUSED 1 TO 3 --------------------------------------------- 1. LINTO @ KUZHIKUNJU, S/O.ANTONY, PANTHANAL HOUSE, KALLELIMEDU BHAGOM, POOYAMKUTTY KARA, KUTTAMPUZHA VILLAGE. 2. VEERATHAN, S/O.MALU, THALAVACHAPARA ADIVASI COLONY THAMASOM, DO. DO. DO. 3. HAMSA, S/O.MUHAMMED, PALACKAMANNIL HOUSE, KOOTTAMPARA BHAGOM, KUTTAMPUZHA KARA, KUTTAMPUZHA VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4848 OF 2009 ------------------------------------------------------ Dated this the 27th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.126 of 2009 of Kuttampuzha 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 on 11.8.2009, the petitioners were found in possession of 8.875 litres of arrack. The petitioners were also engaged in distilling arrack. The petitioners were arrested on the same date and 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. B.A. NO. 4848 OF 2009 :: 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 – I, Kothamangalam, 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 ahz/