IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Bail Appl..No. 6445 of 2011 CMP.5677/2011 of J.M.F.C.-I, CHENGANNUR CRIME NO.347 OF 2011 OF MANNAR POLICE STATION, ALAPPUZHA. PETITIONERS: ACCUSED NOS.1 AND 2: -------------------- 1. SAJI .S/O.KUTTAPPAN, AGED 37 YEARS KOIPALLIVEEDU, ENNAKKADU MURI, ENNAKKADU VILLAGE. 2. PONNAPPAN, S/O.MADHAVAN, ASWATHY BHAVAN, GRAMAM MURI, GRAMAM VILLAGE. BY ADV. SRI.S.HARIKRISHNAN SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE MANNAR POLICE STATION. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6445 OF 2011 C ------------------------------------------------------ Dated this the 12th day of August, 2011 O R D E R 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.347 of 2011 of Mannar Police Station, Alappuzha District. 2. The offence alleged against the petitioners is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 26.7.2011, the accused persons were found transporting ten litres of Indian made foreign liquor. It is alleged that the Indian made foreign liquor was intended for sale. The petitioners were arrested on 26.7.2011 itself 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 B.A.NO.6445 OF 2011 :: 2 :: 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 Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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/