IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5206 of 2009() --------------------------------------- CMP.3430/2009 of J.M.F.C.,KATTAKADA CRIME NO.196/2009 OF NEYYAR DAM POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------------- 1. GILBERT @ THANKI, S/O.SASTHYANESAN, MEDAYIL VEEDU, NEAR CHANGADAKADA, AMBOOR, KARIKUZHI, RESIDING AT KADAYARA VEEDU, CHERIYAKOLLA DESOM, KULATHUMMAL VILLAGE. 2. SUMARAJAN, S/O.CHELLAYYAN, MALAYANKAVU, CHERUVILA VEEDU, CHERIYAKOLLA, KUNNATHUKAL. BY ADV. SRI.R.T.PRADEEP RESPONDENT/ COMPLAINANT: -------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5206 of 2009 ------------------------------------ Dated this the 17th day of September, 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.196/2009 of Neyyar Dam Police Station. 2. The offence alleged against the petitioners is under Sections 55(g) of the Abkari Act. 3. The prosecution case is that on 29/8/2009, the petitioners were found engaged in the manufacture of arrack. 40 litres of wash, utensils and apparatus for the distillation of arrack etc. were seized. The petitioners were arrested on 29/8/2009 and they were remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioners are not involved in any other offences of similar nature. 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 B.A. No.5206 /2009 2 petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 scm