IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 6935 of 2008() ----------------------------- CRIME NO.851/08 OF KURUPPAMPADY POLICE STATION .................... PETITIONERS: ACCUSED: ---------------------------- 1. BIJI, AGED 37 YEARS, S/O.SUDHAKARAN, PUTHENPURAYIL HOUSE, THAIKARACHIRA, PULLUVAZHY KARA, RAYAMANGALAM VILLAGE. 2. JOJY, AGED 31 YEARS, S/O.JACOB, ANTHIKAKATTU HOUSE, THAIKKADU VILLAGE, CHAVAKKADU. 3. JAMES, AGED 26 YEARS, S/O.JOHN, NIRAVATHPARAMBIL HOUSE, AYYAPPANKOVIL VILLAGE, IDUKKI DISTRICT. 4. MATHEWS, AGED 36 YEARS, S/O.AROGYASWAMI, D/NO.110, VANDAVAZ KARA, THIRUVANNAMALA DISTRICT, TAMILNADU STATE. BY ADV. SRI.N.C.MOHANAN SMT.REKHA C.NAIR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, KURUPPAMPADY. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6935 of 2008 --------------------------------------------- Dated this the 20th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a)(b)(i) of Kerala Abkari Act. According to prosecution, on 16.10.2008, at about 7.30 a.m., petitioners (A1 to A4) were found in possession of 175 litres of illicit toddy and saccharine used for manufacture of illicit toddy. They were also found engaged in manufacture of illicit toddy for the purpose of sale. 3. Petitioners were arrested on 16.10.2008 and they are in custody since then. Learned public prosecutor submitted that he has no objection in granting bail, but, stringent conditions may be imposed. It is also pointed out that the fourth accused is a native of Tamil Nadu. Hence, local sureties may be insisted while granting bail. On hearing both sides, I find that bail can be granted to the petitioners on stringent conditions. Hence, the following order is passed: (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each (sureties shall be local BA No.6935 /2008 2 sureties) for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: (ii) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not leave the limits of the police station within which crime is registered except with prior permission of the learned Magistrate. (iv) Petitioners shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl