IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Bail Appl..No. 1305 of 2009() ----------------------------- CMP.1687/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO. 39/2009 of KANJIRAMKULAM POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2:- ------------------------------------- 1. MARYADASI, D/O.ANTHOAMMAL, AGED 70 YEARS HOUSE NO.KRP/XII 490, IRAVIMMANTHURA PURAYIDAM, PULLUVILA, KARAMKULAM DESOM. 2. MUTHU, S/O.MURUKAN, CHETTUTHALAKAM VEEDU, BALARAMAPURAM, THALAYAL DESOM, ATHIYANOOR VILLAGE. BY ADV. MR. S.MOHAMMED AL RAFI RESPONDENT:- ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ================ Bail Application No. 1305 of 2009 ================= Dated this the 30th day of March, 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. 39 of 2009 of Kanjiramkulam Police Station for offences punishable under Secs. 8(1) and 8(2) of the Abkari Act for having been found in possession of 10 liters of arrack and 1 liter of Indian made foreign liquor, seek their enlargement on bail. Petitioners were arrested on 18.02.2009. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. It is too early to accept the 1st petitioner's contention that she has been falsely implicated in the case. Moreover, I am not satisfied that both the grounds enumerated under sec.41A (b)(ii) of the Abkari Act are present in this case so as to justify her release on bail, since she is an accused in another case involving the same offence. 3. Having regard to the nature of the offence, the duration of judicial custody undergone by the 2nd petitioner and the other circumstances of the case etc., I am however, inclined to grant bail to the 2nd petitioner. Accordingly, the 2nd petitioner is directed to be released on bail on his executing a bond for Rs. 35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like B. A. No. 1305/2009 -:2:- amount to the satisfaction of the J.F.C.M-III, Neyyattinkara and subject to the following conditions: - 1. The 2nd Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 2nd petitioner shall not commit any offence while on bail. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above. Dated this the 30th day of March, 2009. V.RAMKUMAR, JUDGE. rv B. A. No. 1305/2009 -:3:-