IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 346 of 2010 CRIME NO.7 OF 2010 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS: ACCUSED: ------------------------------ 1. SUDARSANAN,S/O.VELAYADHAN PANICKER V.S.BHAVAN, KOTTOR PO,TRIVANDRUM. 2. LATHIKUMARI, D/O.SETHUKUTTY, V.S.BHAVAN, KOTTOR PO,TRIVANDRUM. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 346 OF 2010 ------------------------------------------------------ Dated this the 27th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused persons in Crime No.7 of 2010 of Neyyardam Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioners is under Section 55(a) and (b) of the Abkari Act. 3. The prosecution case is that on 12.1.2010, the petitioners were found engaged in the sale of Indian Made Foreign Liquor. A quantity of 5.585 litres of Indian Made Foreign Liquor was seized from the possession of the petitioners. The petitioners were arrested on 12.1.2010 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of similar nature. B.A. NO. 346 OF 2010 :: 2 :: 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada , 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/