IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1670 of 2009(A) ------------------------------------------ (CRIME NO. 166/2009 OF THE KOYILANDY POLICE STATION) .................... PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------------------------- 1. BALAN, S/O.ARIYAN, AGED 48 YEARS, ALULLAKUNI VEEDU, KEEZHARIYOOR AMSOM, NADUVATHOOR DESOM. 2. BALAN, S/O.GOPALAN, AGED 50 YEARS, KOYITHUMMAL VEEDU, KEEZHARIYOOR AMSOM, NADUVATHOOR DESOM. BY ADV. MR.SUNNY MATHEW. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. K.MOHANAN, J. --------------------------------------------- Bail Application No.1670 of 2009 ---------------------------------------------- Dated this the 21st day of April, 2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners who are accused Nos. 1 and 2 in crime No.166 of 2009 of Koyilandy Police station for offences punishable under Secs.8 (1) and 8(2) of the Abkari Act for having been found in possession of 10 litres of illicit arrack, seek their enlargement on bail. Petitioners were arrested on 19/03/2009. 2. I have heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. Koyilandy, and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B.A.No.1670/2009 :2: 2. Petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 4. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. 5. This application is allowed as above. V.K.MOHANAN, JUDGE jsr