IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 1587 of 2010() ----------------------------- Cr. No.112/2010 OF KATTAPPANA POLICE STATION, IDUKKI. PETITIONERS/ACCUSED: --------------------------------------- 1. BOSE, S/O.KUPPAN, K.M.SWAMI ILLAM HOUSE, MALI KARA, VANDANMEDU VILLAGE. 2. RAJAN, S/O.VELAYUDHAN, MENKA BHAVAN, MALI KARA, VANDANMEDU VILLAGE. BY ADV. SRI.K.M.KURIAN SRI.P.VIJAYAKUMAR RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION IDUKKI DISTRICT, BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1587 of 2010 ------------------------------------ Dated this the 23rd day of March, 2010 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 Cr. No.112/2010 of Kattappana Police Station, Idukki. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 16/2/2010, the accused persons were found transporting 60 litres of Indian Made Foreign Liquor. The petitioners were arrested on 16/2/2010 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 5/3/2010 before the court of the Judicial Magistrate of the First Class, Kattappana. 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 also the fact that charge sheet was filed in the case, I am of the view that bail can B.A. No. 1587/ 2010 2 be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattappana subject to the following conditions:- A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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