IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1334 of 2008 ------------------------------------ (CRIME NO. 57/2007 OF CHITTUR POLICE STATION, PALAKKAD DIST.) PETITIONERS/ACCUSED NOS.2 & 3 --------------------------------------------------- 1. PRAKASAN, AGED 23 YEARS, S/O.MANI, KOZHIKKADA, THATHAMANGALAM, CHITTUR TALUK, PALAKKAD DISTRICT. 2. BASHEER, AGED 45 YEARS, S/O.UMMER, KOZHIKKADA, THATHAMANGALAM, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI. NIREESH MATHEW RESPONDENTS: COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, PALAKKAD DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1334 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 2 and 3 in a crime registered under the Kerala Abkari Act. 2250 litres of toddy were allegedly seized on 8.2.2008 from the possession of the petitioners. This toddy was available in two vehicles and a building. 1000 litres of toddy was available in one vehicle, 250 litres in another vehicle and the remaining 1000 litres of toddy was available in a building. The petitioners do not dispute the fact that they were keeping the toddy in the vehicle and the building. It is the their contention that 7.2.2008 was a day of harthal. On that day they could not move the toddy and therefore they were obliged to keep the same in their possession. On 8.2.2008 at about 12.30 p.m. when they were attempting to transport the said toddy as well as the toddy of that day, they were intercepted by the police. They remain in custody from B.A.No. 1334 of 2008 2 8.2.2008. They have no history of any criminal antecedents also reports the learned Prosecutor. 2. The learned Prosecutor refutes the contentions raised, but submits that the State has no objection against grant of regular bail to the petitioners now, subject to appropriate terms and conditions. 3. I am satisfied that the petitioners can be released on bail subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 4. In the result: 1) This applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between B.A.No. 1334 of 2008 3 10 a.m. and 12 noon for a period of one month and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm