IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3639 of 2009 CRIME NO.46 OF 2009 OF RAILWAY POLICE STATION, KOZHIKODE CMP.2484/2009 OF J.M.F.C.-I,KOZHIKODE PETITIONERS/ACCUSED --------------------------------------- 1. FAISAL, AGED 30 YEARS, S/O.BAPPUTTY, VYAYAM VEETTIL HOUSE, P.O.PERUMBADAPPE, PONNANI. 2. ANSAR K., AGED 24 YEARS, S/O.KUNHUMARAKKAR, KARORIYIL HOUSE, P.O.PERUMBADAPPE, PONNANI. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3639 OF 2009 ------------------------------------------------------ Dated this the 30th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.46 of 2009 of Railway Police Station, Kozhikode. 2. The offence alleged against the petitioners is under Section 55 (a) of the Abkari Act. 3. The prosecution case is that on 17.6.2009, the accused persons were found transporting 35 bottles of Indian made foreign liquor, each bottle containing 750 ml. They were arrested on 17.6.2009 and they are in judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the 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 B.A. NO. 3639 OF 2009 :: 2 :: for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Kozhikode, 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/