IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 1061 of 2010 CRIME NO.26 OF 2010 OF MURICKASSERRY POLICE STATION, IDUKKI PETITIONERS/ACCUSED NOS.1 & 2: --------------------------------------- 1. PAUL MATHEW, AGED 44, S/O. MATHAI, VELLARINGAL HOUSE, PANICKANKUDY, KANNATHADI VILLAGE. 2. JOY, AGED 47, S/O. JOSEPH, PULICKAKUNNEL HOUSE, PANICKAKUNDI KARA, KONNATHADI VILLAGE. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, STATION HOUSE OFFICER, MURICKASSERRY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1061 OF 2010 ------------------------------------------------------ Dated this the 24th day of February, 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.1 and 2 in Crime No.26 of 2010 of Murickasserry Police Station, Idukki District. 2. The offence alleged against the petitioners is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 31.1.2010, the petitioners were found transporting 18.650 litres of Indian Made Foreign Liquor in an autorickshaw. The petitioners were arrested on 31.1.2010 and they are in judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 1061 OF 2010 :: 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. 6. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Idukki, 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 ahz/