IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4063 of 2009 CRIME NO.122 OF 2009 OF CHOKLI POLICE STATION PETITIONERS: ACCUSED 3 AND 5: ------------------------------------ 1. V.HAMSA, S/O.AHAMMEDKUTTY HAJI, AGED 40 YEARS, VAMPAN HOUSE, MUZHAKKUNNU AMSOM, KAKKAYANGAD P.O. 2. T.T.ANTONY, S/O.THOMAS, AGED 44 YEARS, THARAKAN HOUSE, MUZHAKKUNNUY AMSOM, KAKKAYANGAD P.O. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, CHOKLI POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4063 OF 2009 ------------------------------------------------------ Dated this the 24th July, 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 5 in Crime No.122 of 2009 of Chokli Police Station. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 7.6.2009, the accused were found transporting a quantity of 455 litres of spirit in a vehicle belonging to the fifth accused. The petitioners were arrested on 8.6.2009. The prosecution case is that all the accused persons are involved in the transportation of spirit. 4. The petitioners moved B.A.No.3517 of 2009. That application was dismissed by the order dated 1.7.2009. The investigation has progressed thereafter. B.A. NO. 4063 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, 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 bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery, 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/