IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 614 of 2009() ----------------------------------------- (CRIME NO.334/2008 OF MEENANGADI POLICE STATION,WAYANAD DISTRICT) PETITIONER(S): ACCUSED NOS.5 & 6: ---------------------------------------------------------- 1. SABU, S/O.NARAYANAN, AGED 45 YEARS, PIRAVIKKOTTU VEEDU, KOLERY, POOTHADI AMSOM. 2. P.N.SHAJI, S/O.NARAYANAN, AGED 43 YEARS, PIRAVIKKOTTU VEEDU, KOLERY, POOTHADI AMSOM. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEENANGADI POLICE STATION, WAYANAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 614 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 11th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, 1,702 litres of spirit and 30 litres of toddy mixed with spirit were seized from the possession of 1st accused on 24-12-2008. On investigation, it is revealed that this is supplied by 2nd accused who is the licensee of the toddy shop. Accused nos. 3 to 8 have given financial assistance to 2nd accused. Accused nos. 9 to 13 are employees of accused nos. 3 to 8. Accused nos. 14 to 17 are persons who have received toddy mixed with spirit from 2nd accused. 3. Petitioners are accused 5 and 6. Learned counsel for petitioners submitted that bail was already granted to accused nos.1, 3 and 16. Petitioners are in custody from 16-1-2009 onwards. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 3. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 4. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties BA 614/09 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. until further orders. 2) Petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 3) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.