IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 6083 of 2009() ------------------------------------------ CRIME NO.122/2009 OF CHOKLY POLICE STATION, KANNUR. PETITIONERS/ACCUSED NOS 2 & 4: ------------------------------------------------- 1. P.P.SHYJU, S/O.NARAYANAN, AGED 26 YEARS, PALLATHUPARAMBIL HOUSE, MUZHUKKUNNU AMSOM DESOM, KANNUR DISTRICT. 2. V.CHANDRAN, S/O.RAGHAVA KURUP, AGED 46 YEARS, VADAKKEDATH HOUSE, MUZHUKKUNNU AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENT/ COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. CHOKLY POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6083 of 2009 ------------------------------------ Dated this the 28th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 2 and 4 in Crime No.122/2009 of Chokly Police Station, Kannur. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 7/6/2009, the accused persons transported a quantity of 455 litres of spirit. The petitioners were arrested on 22/9/2009 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that other accused persons in the case were released on bail. 5. 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. B.A. No. 6083/ 2009 2 6. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery 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