IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 251 of 2010() ---------------------------- CMP.2/2010 of J.M.F.C.-I,NEYYATINKARA CR NO.910/2009 OF NEYYATTINKARA POLICE STATION .................... PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. SHAJI, AGED 40 YEARS, S/O.ULAHANNAN, KALARICKAL HOUSE, NEAR THACHAMPARA POST OFFICE, THACHAMPARA VILLAGE & DESOM, PALAKKAD DISTRICT. 2. RATHEESH @ KUTTAPPI, AGED 30 YEARS, S/O.KESAVAN, NELLIKKUNNU HOUSE, EDAKKURUSSI DESOM, KARIMPA VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR, NEYYATTINKARA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.251 of 2010 --------------------------------------------- Dated this the 21st day of January, 2010 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 CR.No.910 of 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 3.12.2009, the petitioners were found transporting 385 litres of spirit in an Ambassador car. They were arrested on the same date. The petitioners are in judicial custody since then. 4. The learned Public Prosecutor submitted that the first petitioner is involved in another offence. 5. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence while on bail in the present case. 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 BA No.251/2010 2 petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties 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 a period of two months and thereafter 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 surrender their passport before the Judicial Magistrate of the First Class-I, Neyyattinkara within a period of one week. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl