IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Bail Appl..No. 6669 of 2010() ----------------------------- CMP.7463/2010 of J.M.F.C.-II, KANJIRAPPALLY CRIME NO.419/2010 OF MANIMALA POLICE STATION .................... PETITIONERS/ACCUSED 1 AND 2 ---------------------------------------------- 1. THANKACHAN.K.D, AGED 44 YEARS, S/O.DEVASIA, KUNNATH HOUSE,NEAR MUKKADA RUBBER BOARD,KARIKATOOR KARA,MANIMALA VILLAGE, KOTTAYAM. 2. THOMAS VARGHESE, AGED 60 YEARS, S/O.VARGHESE,MULLATHALASSERY HOUSE, MUKKADA EMS COLONY,KARIKATOOR KARA, MANIMALA VILLAGE, KOTTAYAM. BY ADV. SRI.RAFFEEKH KOTTAKKAL SRI.LAIJU CHANDRAN RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA.REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, MANIMALA POLICE STATION,KOTTAYAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. ~~~~~~~~~~~~~~ Bail Application No. 6669 of 2010 ~~~~~~~~~~~~~~~~~~~~ DATED: 22nd day of October, 2010 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.419/2010 of Manimala Police Station for offences punishable under Secs.55 (a) and 55(i) of the Abkari Act for having been found in possession of 4 litres of IMFL, seek their enlargement on bail. Petitioners were arrested on 09.10.2010 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 petitioners. Accordingly, the petitioners are directed to be released on bail with effect from 10.11.2010 on each of them executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned, and subject to the following conditions:- Bail Application No. 6669 of 2010 2 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. 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. dmb