IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7599 of 2009() ----------------------------- CRIME NO.916/2009 OF NEYYATTINKARA POLICE STATION .................... PETITIONERS/ACCUSED 1,2 & 3 ----------------------------------------------- 1. SARASWATHY, D/O.MEENAKSHYAMMA, EDAVAZHIKKARA VEEDU, AYANIARATHALA. 2. KUTTAN @ SUNI, S/O.KRISHNANKUTTY, THOTTATHUVILAKOM VEEDU, PERUMPAZHUTHOOR DESOM, PERUMPAZHOOR VILLAGE. 3. NAGENDRAN, S/O.ARUNACHALAM, VIVEKANANDA NAGAR, NEAR THYKKAPALLI, BALARAMAPURAM, ANTHIYOOR DESOM, KOTTUKAL VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------- B.A.No.7599 of 2009 ----------------------------------------- Dated this the 4th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.916 of 2009 of Neyyattinkara Police Station. 2. The offence alleged against the petitioners is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 5.12.2009, the petitioners were found in possession of 15 litres of arrack. They were arrested on the spot. They are in judicial custody since 5.12.2009. 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. 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 BA No.7599/2009 2 Class-I, Neyyattinkara, 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 csl