IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 1203 of 2010 CRIME NO.104 OF 2010 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. SAJAD, S/O.BUHARI, AAREKKER LAKSHOM VEEDU COLONY, SASTHAMKAVU, CHITTUVEETTU MURI, THOLICODE VILLAGE. 2. VIPIN. S/O.SASI, AAREKKER LAKSHOM VEEDU COLONY, SASTHAMKAVU, CHITTUVEETTU MURI, THOLICODE VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1203 OF 2010 ------------------------------------------------------ Dated this the 4th day of March, 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 in Crime No.104 of 2010 of Vithura Police Station, Thiruvananthapuram. 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 15.2.2010, the petitioners were found in possession of 5.4 litres of arrack. The petitioners were arrested on 15.2.2010 and they were remanded to judicial custody on 16.2.2010. 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. 1203 OF 2010 :: 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 – II, Nedumangad, 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/