IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5014 of 2011() ------------------------------------------- (CRIME NO.466/2011 OF KOYILANDY POLICE STATION,KOZHIKODE) PETITIONERS/ACCUSED NOS. 1 AND 2: ----------------------------------------------------------- 1. BABU, AGED 40 YEARS, S/O.KUNHIRAMAN, PILATHOTTATHIL HOUSE, KOMATHUKARA, PANTHALAYANI AMSOM, KOYILANDY, KOZHIKODE DISTRICT. 2. SIVANANDAN, AGED 38 YEARS, S/O.KUNHIRAMAN, VALIPARAMBIL HOUSE, KOMATHUKARA, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.A.RANJITH NARAYANAN, SRI.S.K.SAJU RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A. No.5014 OF 2011 --------------------------------- Dated this the 4 th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Ciriminal Procedure. The petitioners are accused Nos. 1 and 2 in Crime No.466 of 2011 of Koyilandy Police Station. 2. The offence alleged against the petitioners are under Sections 55(a) & (i) and Section 15(C) of the Abkari Act and Rule 9 of the Foreign Liquor Rules 3. The prosecution case is that on 1.6.2011 the accused persons were found engaged in the sale of 13 bottles of Indian made foreign liquor and also a small quantity in another bottle, in total 9.75 litres of Indian made foreign liquor. It is alleged that the Indian made foreign liquor was manufactured in Pondicherry and it was intended for sale only in the Union Territory of Pondicherry. The petitioners were arrested on 1.6.2011. They B.A. No.5014 OF 2011 2 were produced before the learned Magistrate on 2.6.2011 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. 5. The petitioners shall be released on bail on their executing bond for `25,000/-each(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koyilandy, 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 B.A. No.5014 OF 2011 3 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. cms