IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1391 of 2009() ----------------------------- CRMP.604/2009 of D.C. & SESSIONS COURT,KOLLAM .................... CRIME NO.89/2009 OF KUNNIKODE POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. SHAJAHAN, AGED 42 YEARS, S/O.HAMZA RAWTHER, KANJIRAMVILA VADAKKETHIL VEEDU, MANCHALLOOR MURI, PATHANAPURAM VILLAGE, PATHANAPURAM TALUK. 2. STEPHEN, AGED 53 YEARS, S/O.VICTOR DANIEL, AYARBIYIL, SIMSI NIVAS, KIZHAKKEMURI CHAKKAMEKKU WARD, PIRAVANTHOOR VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.89 OF 2009 OF KUNNIKODE POLICE STATION). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.1391 of 2009 - - - - - - - - - - - - - - - - DATED: 23.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.1 and 2 in Crime No.89 of 2009 of Kunnikode Police Station for offences punishable under Section 5(a) of the Kerala Rationing Order read with Section 3 and 4 of the Essential Commodities Act, 1965, seek their enlargement on bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners, the present stage of investigation and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail w.e.f. 30.03.2009 on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate's court concerned and subject to the following conditions: Bail A.No.1391/09 -:2:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the police till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. sj Bail A.No.1391/09 -:3:-