IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6041 of 2009() -------------------------------------------- CMP.7738/2009 of MUN-MAGI COURT, PARAVOOR CRIME NO .560/2009 OF PARAVOOR POLICE STATION, KOLLAM .................... PETITIONERS/ACCUSED: -------------------------------------- 1. PRAVEEN, AGED 31, S/O.DINAKARAN, VILAYIL VEEDU, PUTHENKULAM CHERRY, POOTHAKKULAM VILLAGE, (2ND ACCUSED IN CRIME). 2. VIVEK, AGED 21, S/O.VIJAYA KUMAR, CHIRAYIL VEEDU, PATHIRIPARA DESAM, OTTAPALAM VILLAGE, OTTAPALAM TALUK, (3RD ACCUSED IN THE CRIME). BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PARAVOOR, THROUGH THE PUBLIC PROSECUTOR, KOLLAM. SRI. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6041 of 2009 ------------------------------------ Dated this the 27th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 2 and 3 in Crime No. 560/2009 of Paravoor Police Station, Kollam. 2. The offence alleged against the petitioners are under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 2/10/2009, the petitioners were found engaged in the sale of Indian made foreign liquor. A quantity of 7.120 litres of Indian made foreign liquor was seized. The allegation is that the first accused is the owner of the restaurant and accused Nos. 2 and 3 are respectively the manager and salesman of the restaurant in which the Indian made foreign liquor was being sold. The petitioners were arrested on 2/10/2009 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 B.A. No. 6041/ 2009 2 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 a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, South Paravoor, Kollam 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 scm