IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2856 of 2008 ------------------------------------- (CRIME NO. 4/2008 OF PONMUDI POLICE STATION AGAINST THE ORDER DATED 15/04/2008 IN CMP. 3003 /2008 IN CMP.3002/2008 of J.M.F.C.-I,NEDUMANGAD) .................... PETITIONERS/ACCUSED 1 & 2 -------------------------------------------- 1. BIJU, S/O.MANUVEL, THADATHARIKATHU VEEDU, THEEPAMBAN MUKAL, IRUTHALAMOOLA, THOLICODE, CHITTUVEETTU MURI, THOLICODE VILLAGE. 2. RENJAN, S/O.KRISHNAN ASSARI, VIJAYALAYAM VEEDU, KOCHANAPPARA, ANAPPARA, CHITTUVEETU MURI, VITHURA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJED ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2856 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for bail under Section 439 of the Cr.P.C. Petitioners are accused Nos.1 and 2 in Crime No.4/08 of Ponmudi Police Station registered for offence under Section 55(b) of the Abkari Act and under Section 3 read with Section 25 (1) of the Arms Act consequent on detection of their being engaged in distilling arrack and possessing also unlicenced guns at about 12.15 noon on 10/04/08. They were arrested from the scene of occurrence and they are in judicial custody ever thereafter as their application for bail was dismissed by the Magistrate vide Annexure-I order. However, considering the period of detention already undergone by the petitioners, I grant bail to the petitioners imposing stringent conditions. In the result, allowing this application, I grant bail to the petitioners on each of them executing bail bond for Rs.20,000 /- with two solvent sureties each for the like sums to the satisfaction of the Magistrate concerned. B. A. No.2856 of 2008 -2- On such release, the petitioners shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioners shall not get themselves involved in commission of any offence, shall not influence or intimidate witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town in which they are having their permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-