IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5611 of 2009() ----------------------------- CRIME NO.1278/2009 OF KOTTARAKKARA POLICE STATION PETITIONERS/ACCUSED 1,3 AND 4 ------------------------------------------------- 1. ARUN, S/O.RAJAN, MAHESH BHAVANIL, KUDAVATTOOR MURI, VELIYAM VILLAGE, KOLLAM DISTRICT. 2. RAMAKRISHNAN, S/O.KRISHNAN, GIRIJA BHAVANIL, ANAKKOTTOOR MURI, NEDUVATHOOR MURI, NEDUVATHOOR VILLAGE, KOLLAM DISTRICT. 3. PRABHAKARAN, S/O.KRISHNAN, USHA BHAVANIL, ANAKKOTTOOR MURI, NEDUVATHOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5611 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3 and 4 in Crime No.1278 of 2009 of Kottarakkara Police Station. 2. The offence alleged against the petitioners is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 13.8.2009, a quantity of 462 litres of spirit was seized from a place near a toddy shop. The allegation is that the first accused was found in possession of the spirit. There are ten accused persons in the case. According to the prosecution, all the accused persons have distinct and different roles in the commission of the crime. The petitioners were arrested on 13.8.2009 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5611/2009 2 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 on stringent conditions. The petitioners shall be released on bail on their executing bond 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, Kottarakara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl