IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5526 of 2009 CRIME NO.401 OF 2009 OF ANCHAL POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.3 AND 4: ---------------------------------------------------- 1. BENNY GEORGE, S/O.VARKEY, KODIPPARAYIL VEEDU, POONJAR VILLAGE, PALA TALUK. 2. CHACKO THOMAS, S/O.THOMAS, CHELLAPPALLY VEEDU, MALAKKADE, KOTTUKKAL. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY S.I.OF POLICE, ANCHAL POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5526 OF 2009 ------------------------------------------------------ Dated this the 5th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.401 of 2009 of Anchal Police Station. 2. The offences alleged against the accused persons are under Section 55(a) of the Abkari Act and Sections 109 and 120B of the Indian Penal Code. 3. The prosecution case is that on 8.8.2009, a quantity of 3400 litres of spirit was seized from the premises of a motor driving school. The spirit was attempted to be transported in four vehicles. The third accused was arrested on 12.8.2009 and the fourth accused was arrested on 13.8.2009 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other case of similar B.A. NO. 5526 OF 2009 :: 2 :: nature. The petitioners are in judicial custody since 12.8.2009 and 13.8.2009 respectively. 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 petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Punalur, 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, 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; B.A. NO. 5526 OF 2009 :: 3 :: 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 ahz/