IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 10142 of 2011 CRIME NO.488 OF 2011 OF KOZHINJAMPARA POLICE STATION, PALAKKAD. PETITIONERS: ACCUSED NO 1 TO 3 ------------------------------------- 1. KARTHIK, AGED 21 YEAS, S/O ANANDH, BOYAR COLONY, MEENAKSHIPURAM. 2. PARAMASHIVAM AGED 32 YEARS, S/O KITTUCHAMY, DIVANSA PUTHUR, MADHRAVEERAN KOVIL THERUVU, MEENAKSHIPURAM,POLLACHI. 3. MARUTHAN AGE 34 YEARS, S/O ARUMUGHAN, DIVANSA PUTHUR, MADHRAVEERAN KOVIL THERUVU, MEENAKSHIPURAM,POLLACHI. BY ADV. SRI.T.K.SANDEEP RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10142 OF 2011 ------------------------------------------------------ Dated this the 8th day of December, 2011 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 to 3 in Crime No.488 of 2011 of Kozhinjampara Police Station, Palakkad District. 2. The offence alleged against the accused is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 15.10.2011, the petitioners were found transporting 17 litres of Indian made foreign liquor in a Maruti van. The Indian made foreign liquor was intended for sale. The petitioners were arrested on 15.10.2011 and they were remanded to 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. BAIL APPL. NO.10142 OF 2011 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chittur, 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 ahz/