IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3109 of 2009() ----------------------------- CRIME NO.72/2009 OF CHOMBALA POLICE STATION .................... PETITIONERS (S): ACCUSED 2 TO 5 ---------------------------------- 1. MUTHU @ RAJESH, S/O. VASU, PUTHIYAPURAYIL HOUSE, IRINGAL AMSOM, AYANICADU DESOM. 2. KUTTU @ ROOPIN KRISHNAN, CHETHILPARA HOUSE, MELADY AMSOM. 3. SREEJESH, S/O. SREEDHARAN, AGED 23, PUTHENMARACHALIL HOUSE, MELADY AMSOM. 4. RINEESH, S/O. KUNHIKRISHNAN, AGED 25, SAYVINTEKATTIL HOUSE, MELADY AMSOM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.R.JAYAKRISHNAN SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PORSEUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KS.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.3109 of 2009 ----------------------------------- Dated this the 12th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.2 to 5 in Crime No.72 of 2009 of Chombala Police Station. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 15.5.2009, the petitioners were found transporting 24 bottles of Indian made foreign liquor, containing 375 ml. in each bottle and 24 tins of Beer. The petitioners were arrested on 15.5.2009 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. 5. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vatakara, subject to the following conditions: BA No.3109 /2009 2 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 csl