IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Bail Appl..No. 6256 of 2010() ------------------------------------------ CMP.NO.7686/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,PALA ....... (CR.NO.1049/2010 OF PALA POLICE STATION, KOTTAYAM DISTRICT) .... PETITIONERS/ACCUSED NO.1 TO 4: ------------------------------------------------------ 1. JOSE M THOMAS,S/O.THOMAS,MANAYANICKAL HOUSE,EDAPPADY,BHARANANGANAM,PALA. 2. BALAKRISHNAN NAIR,S/O.AYYAPPAN PILLAI, KANJIRATHUNMUNKAL VEEDU,CHEMPILAVU ROAD, CHERUPUNKAL,KIDANGOOR. 3. PRAKASH,S/O.GOPALAKRISHNAN NAIR, KALLIL VEEDU,VAYANASALA BHAGOM,PADINJATTINKARA KARA,PULIYANNOOR. 4. SONI JOSEPH,S/O.JOSEPH,ELANJIMATTATHIL VEEDU,MARAOTTICHUVADU BHAGOM,PULIYANNOOR KARA, PULIYANNOOR VILLAGE. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, BY ADV. SRI. SOORAJ T.ELENJICKAL, SRI.K.NIRMALAN. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, PALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.P. PRADEEP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 6256 of 2010 - - - - - - - - - - - - - - - - DATED: 11-10-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 to 4 in Crime No. 1049 of 2010 of Pala Police Station for offences punishable under Sections 420, 294 A read with Sec. 34 I.P.C., Sec. 7 (3) of the Lottery Regulations Act, 1998 and also Sections 3,7 and 9 A of the Kerala Gaming Act, seek their enlargement on bail. Petitioners were arrested on 9-9-2010. 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 and the other circumstances of the case etc., I am inclined to grant bail to the Bail Application NO. 6256 of 2010 -:2:- petitioners from a future date. Accordingly, the petitioners are directed to be released on bail with effect from 20-10-2010 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 J.F.C.M. Pala, and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Any lottery business conducted by the petitioners shall be strictly in accordance with the license granted by the Government of Kerala. 3. Petitioners shall not conduct or get themselves involved in the conduct of any on line lottery which is totally banned in the State of Kerala. 4. Petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 5. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. Bail Application NO. 6256 of 2010 -:3:- 6. Petitioners shall not commit any offence while on bail. If the petitioners commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 11th day of October, 2010. Sd/-V.RAMKUMAR, JUDGE. ani. /true copy/ P.S.to Judge