IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 1122 of 2010() ----------------------------- CRMP.947/2010 of J.M.F.C.-I,PATHANAMTHITTA CRIME NO.211/2010 OF PATHANAMTHITTA POLICE STATION. .................... PETITIONERS/ACCUSED: -------------------------------------- 1. AMBILI, W/O. DAVID SAMUEL, NETTIYATTU PARAMBIL HOUS, VARIYAPURAM, ELANTHOOR VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. DAVID SAMUEL, NETTIYATTU PARAMBIL HOUSE, VARIYAPURAM, ELANTHOOR VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT/COMPLAINANT: ------------------------------------------------ 1. THE CIRLCE INSPECTOR, PATHANAMTHITTA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1122 of 2010 ------------------------------------ Dated this the 1st day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.211/2010 of Pathanamthitta 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 10/2/2010, the accused persons were found engaged in the sale of arrack. A quantity of 1.9 litres of arrack was seized from the possession of the petitioners. The second accused is the husband of the first accused. The accused persons were arrested on 10/2/2010 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No.2 is involved in four other cases of similar nature. 5. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 1122 / 2010 2 petitioners, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta 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 scm