IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 8003 of 2008() ----------------------------- CRMP.14145/2008 of J.M.F.C.,CHALAKUDY CRIME NO.135/2008 OF VELLIKULANGARA POLICE STATION PETITIONERS/ ACCUSED NO. 2 & 3 -------------------------------------------------- 1. SHYJU, AGED 31 YEARS,S/O.VELAYUDHAN, KODAMPARAMBIL HOUSE, PEELARMUZHI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT. 2. LINTESH, AGED 24 YEARS,S/O.BALAN, MANAMPILLY HOUSE, PEELARMUZHI DESOM,KUTTICHIRA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 8003 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 12th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 8(2) and 55(g) of the Abkari Act. According to prosecution, petitioners (accused 2 and 3) along with another persons were allegedly found carrying 20 litres of arrack each and on seeing the police, they ran away abandoning the articles. The incident occurred on 7-4-2008. Petitioners were arrested on 2-12-2008 and they are in custody since then. 3. Learned counsel for petitioners submitted that petitioners are in custody for the past 41 days. He also submitted that 1st accused was granted bail and hence, petitioners may also be granted bail on the same conditions. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 5. Hence, 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 learned Magistrate, on the following conditions:- 1) Petitioners shall report before the BA 8003 /08 -2- Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not influence or threaten any witness or get involved in any offence of similar nature and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.