IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 3280 of 2009() ------------------------------------------ CMP.3756/2009 of J.M.F.C.-I, CHENGANNUR CRIME NO.250/2009 OF MANNAR POLICE STATION. .................... PETITIONERS/ACCUSED 1 AND 2: -------------------------------------------------- 1. ANILKUMAR @ KAVIRAJ, AGED 33 YEARS, S/O. CHELLAPPAN, MEENATHETHIL VEETTIL, ERAMATHUR MURI, THRIPPERUMTHURA VILLAGE. 2. SOBHA, AGED 46 YEARS, D/O. SARASAMMA, MENTHETHIL VEETTIL, ERAMATHUR MURI, THRIPPERUMTHURA VILLAGE. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT/COMPLAINANT: -------------------------------------------- SUB INSPECTOR OF POLICE, MANNAR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3280 of 2009 ------------------------------------ Dated this the 19th day of June, 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.250/2009 of Mannar Police Station. 2. The offences alleged against the petitioners are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 31/05/2009, the petitioners were found in possession of 3 ½ litres of illicit arrack. The petitioners were arrested on 31/05/2009 and they are in judicial custody. 4. 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 petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent B.A. No.3280 /2009 2 sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur 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