IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6499 of 2009() -------------------------------------- CMP.9759/2009 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 658/2009 OF EZHUKONE POLICE STATION .................... PETITIONERS/ACCUSED A1 & 2: ----------------------------------------------- 1. IRISHKUMAR, S/O.REMESAN, HRIDAYABHAVANIL, KADAKKODU MURI, KAREEPRA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. HARILAL, S/O.NADARAJAN, LATHIKABHAVANIL,KADAKKODU MURI, KAREEPRA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6499 of 2009 ------------------------------------ Dated this the 9th day of November, 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.1 and 2 in Crime No. 658/2009 of Ezhukone Police Station. 2. The offence alleged against the petitioners is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 25.10.2009, the accused persons were found in possession of 1.5 litres of arrack. They were arrested on 25.10.2009. The petitioners are in judicial custody. 4. 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. 5. The petitioners shall be released on bail on their executing a bond for Rs.15,000/- each with two solvent sureties B.A. No. 6499 of 2009 2 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakkara 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 ln