IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9588 of 2011() ----------------------------- CMP.7156/2011 of J.M.F.C.,VADAKARA CRIME NO.569/2011 OF CHOMBALA POLICE STATION KOZHIKODE DISTRICT .................... PETITIONERS/ACCUSED NO.S 1 AND 2 : ---------------------------------- 1. KAPIL,S/O.SUBRAHMANIAN,AGED 22 YEARS, KONNAKKAL HOUSE,ADIMALI,IDUKKI DISTRICT. 2. ARU.V,S/O.RAJAN,AGED 21 YEARS, VADAKKEDATH MACHIPLAVU, PO ADIMALI, IDUKKI DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHOMBALA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9588 of 2011 ---------------------------------------------- Dated this the 25th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.569 of 2011 of Chombala Police Station, Kozhikode District. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 12/11/2011, the accused were found transporting 12 bottles of Indian Made Foreign Liquor having a total quantity of 8.250 litres. 4. The petitioners were arrested on 12/11/2011 and they were remanded to judicial custody. 5. It is submitted by the learned counsel for the petitioners that the petitioners are students. The first petitioner is doing his Engineering at Kottayam and the second petitioner is studying at Munnar. They went to different places on tour. It is also submitted that the petitioners were taken into custody at the gate of Mahe Bail Appln.No.9588/2011 : 2 : Railway Station, which is within the jurisdictional limits of Puthuchery. It is submitted that, if so, no offence is made out, even if all the allegations are true. 6. 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. 7. The petitioners shall be released on bail on their executing bond for `10,000/-(Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vadakara, subject to the following conditions:- A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on the first Sunday of every month, 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; Bail Appln.No.9588/2011 : 3 : 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 skj True copy P.A. to Judge