IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 890 of 2008() ---------------------------- CRIME NO.25/08 OF PERUVANTHANAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- 1. SEBASTIAN @ JOY, S/O.THOMAS KANNAMKULAM VEETIL, 35TH MILE KARA KOKKAYAR VILLAGE. 2. MATHEW @ SONY, S/O.PAPPACHAN KANNAMKULAM VEETIL, 35TH MILE KARA KOKKAYAR VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. .BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 890 OF 2008 E ```````````````````````````````````````````````````` Dated this the 15th day of February, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 and 2. Altogether there are two accused persons. They together were travelling in an autorikshaw - one driving the autorikshaw and the other as passenger. Six litres of IMFL was being transported in the said vehicle. It is alleged that such transportation/possession was for sale. Allegations are hence raised of commission of offences punishable, inter alia, under section 55(i) of the Kerala Abkari Act. The petitioners were intercepted and the contraband articles were seized on 4.2.08. They were arrested and continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are innocent. Even if the entire allegations were accepted, the petitioners cannot be said to have BA.890/08 : 2 : committed any offence punishable under section 55(a) of 55(i) of the Kerala Abkari Act. There is no allegation even that the contraband liquor seized from their possession did not bear the security sticker of the Kerala State Beverages Corporation. In the circumstances, the petitioners may be granted regular bail, it is prayed. 3. The learned Public Prosecutor does not accept the contentions raised but submits that the State has no objection in regular bail being granted to the petitioners subject to appropriate terms and conditions. 4. I am satisfied that in the facts and circumstances of the case, regular bail can be granted to the petitioners. 5. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned BA.890/08 : 3 : Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks