IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2082 of 2010() ---------------------------------- CMP.1692/2010 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 927/2009 OF NEYYATTINKARA POLICE STATION .................... PETITIONERS/ACCUSED : ------------------------------ 1. JAYARAJ @ JOY, S/O.ABRAHAM, THACHARAVILAKAM VEEDU, THOZHUKKAL DESOM, PERUMPAZHUTHOOR VILLAGE. 2. RAJENDRAN, S/O.DANAM, KADAVANCODE COLONY, O/S.OF POLYTECHNIC, PERUMPAZHUTHOOR. BY ADV. SRI.G.SUDHEER RESPONDENTS/COMPLAINANTS: --------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2082 of 2010 ------------------------------------ Dated this the 8th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.6 and 7 in Crime No. 927/2009 of Neyyattinkara Police Station. 2. The offence alleged against the petitioners is under Section 55(a)(h) of the Abkari Act. 3. The prosecution case is that on 07.12.2009, the accused persons transported 525 litres of spirit in a Tata Sumo Car. The petitioner was arrested on 02.03.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioners submitted that as per the order dated 08.02.2010 in Bail Application No. 360/2010, bail was granted to accused Nos. 2 and 3. 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. 2082 of 2010 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-I, Neyyattinkara 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 and Thursdays for three months and thereafter on 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 ln