IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10593 of 2011() ------------------------------ CMP.17180/2011 of J.M.F.C.,IRINJALAKUDA Crime No.1314 of 2011 of Pudukkad Police Station, Thrissur District. .................... PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. SIVAN, S/O.RAVI, AGED 33 YEARS, ANTHIKADAN HOUSE, MAVINCHUVADU, KALLUR, THRISSUR DISTRICT. 2. SUDHEESH, S/O.SUBRAN, AGED 31 YEARS, PONNEMBALAM HOUSE, PONNUKKARA, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10593 OF 2011 --------------------------------- Dated this the 22nd day of December, 2011 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.1314 of 2011 of Pudukkad Police Station, Thrissur District. 2.The offence alleged against the petitioners is under Section 8(1) &(2) of the Abkari Act. 3.The prosecution case is that on 8.12.2011, the petitioners were found in possession of 10 litres of arrack. The petitioners were arrested on 8.12.2011 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No.2 is involved in another case of similar nature. B.A.No. 10593 OF 2011 2 The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence of similar nature, while on bail in the present case. This 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioners with effect from 29.12.2011. 6.The petitioners shall be released on bail only on 29.12.2011 on their executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Irinjalakuda, 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; B.A.No. 10593 OF 2011 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) 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 cms