IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4543 of 2009 CRIME NO.526 OF 2009 OF CHANGANACHERRY POLICE STATION CRMP.1692/2009 of ADDL.DISTRICT COURT,KOTTAYAM PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. JOSEPH THOMAS, S/O. KUNJAPPAN, VAZHAPARAMBIL VEEDU, PAIPPADU, CHANGANACHERRY. 2. MANOJ, S/O. THANKAPPAN, PLAMPARAMBIL, PAIPPADU, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4543 of 2009 --------------------------------------------- Dated this the 14th day of August, 2009 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.526 of 2009 of Changanacherry Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 22.7.2009, the accused persons were found transporting 6 litres of Indian made foreign liquor. The petitioners were arrested on the same day 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. BA No.4543/2009 2 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, Changanacherry, 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 csl