IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9842 of 2011 CRIME NO.945 OF 2011 OF THALASSERRY POLICE STATION, KANNUR. PETITIONERS: ACCUSED NOS.2, 3 AND 1: ------------------------------- 1. R.SUBRAMANIAM, S/O.ARUCHAMI, AGED 30 YEARS, D.NO.22/11, KARNOM STREET, VELLALLOORE (P.O) COIMBATORE 641111. 2. N.THANNASI, S/O.NAGARAJ, AGED 42 YEARS, D.NO.25/24, BAJNAI KOVIL STREET, VELLALLOORE, COIMBATORE 641111. 3. R.SIVAKUMAR, S/O.RANGASWAMI, AGED 32 YEARS, D.NO.34-1/25, LOHIYA STREET, VELLALLOORE (P.O), COIMBATORE 641111. BY ADV. SRI.E.K.AVINASH SHERRY.J.THOMAS RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9842 OF 2011 ------------------------------------------------------ Dated this the 2nd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are respectively accused Nos.2, 3 and 1 in Crime No.945 of 2011 of Thalasserry Police Station, Kannur District. 2. The offence alleged against the accused is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 7.10.2011, the accused persons were found carrying ten bottles each of Indian made foreign liquor, each bottle containing 750 ml. It is alleged that the Indian made foreign liquor was being transported for the purpose of sale. The petitioners were arrested on 7.10.2011 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 BAIL APPL. NO.9842 OF 2011 :: 2 :: 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. 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, Thalasserry, 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/