IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 360 of 2010 CRIME NO.927 OF 2009 OF NEYYATTINKARA POLICE STATION APPLICANTS/ACCUSED NOS.2 AND 3: ------------------------------------- 1. RAJEEV, S/O.JUSTUS, AMBALATHUVILA VEEDU, THOZHUKKAL DESOM, PERUMPAZHUTHOOR. 2. RAJU, S/O.LAZAR, MELETHATTU PUTHEN VEEDU, MALACANY, THOZHUKKAL DESOM, PERUMPAZHUTHOOR. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, ERNAKULAM, (SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 360 OF 2010 ------------------------------------------------------ Dated this the 8th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 3 in Crime No.927 of 2009 of Neyyattinkara 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 7.12.2009 at 2.15 AM, the petitioners were found transporting 525 litres of spirit in a Tata Sumo car. When the police tried to arrest the accused, they jumped into a river and escaped. The petitioners were arrested on 11.1.2010 and they were remanded to judicial custody on 12.1.2010. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of similar nature. It is also submitted by the learned counsel for the petitioners B.A. NO. 360 OF 2010 :: 2 :: that the petitioners undertake not to commit any offence of similar nature while on bail in the present case. The above undertaking is recorded. 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, the present stage of investigation and also the undertaking made by the petitioners, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. 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 – I, Neyyattinkara, 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 and Thursdays for a period of three months and thereafter, 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; B.A. NO. 360 OF 2010 :: 3 :: 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/