IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Bail Appl..No. 97 of 2009() --------------------------------------- (CRIME NO.941/08 OF PANDALAM POLICE STATION) PETITIONERS/ACCUSED NO.1 & 2: ------------------------------------------------------ RAVEENDRAN, AGED 36 YEARS, S/O.GOPALAN, KAVINTEKIZHAKKETHIL VEETIL, KURAMPALA MURI & VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR, PANDALAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR FOR R1 & R2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2009 ALONG WITH BA.NO.181 OF 2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. Nos. 97 and 181 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of January,2009 O R D E R Petitions for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, on 28-12-2008 1st accused was arrested with 20 litres of arrack, while he was transporting the same in a motor cycle. On investigation, it is revealed that the said article was given to him by 2nd accused. Petitioner in B.A. no.97/2009 is the 1st accused and petitioner in B.A. no.181/2009 is the 2nd accused. 3. The 1st accused was arrested on 28-12-2008 from the spot and 2nd accused was arrested on 29-12-2008 and they are in custody since then. 4. Learned Public Prosecutor submitted that charge sheet has been laid and hence, petitioners' detention is not required for the purpose of investigation. Therefore, this petition is not opposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 6. Hence, petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties BA 97/09 and con. case -2- each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. for a period of three months from today. 2) Petitioners shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petitions are allowed. K.HEMA, JUDGE. mn.