IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1833 of 2009() ----------------------------- CMP.1312/2009 of J.M.F.C.,VADAKARA CR NO. 14/2009 of CHOMBALA POLICE STATION .................... PETITIONERS/ACCUSED:- ---------------------------- 1. MUHAMMED RAFI, S/O. SAIDALAVIKUTTY, AGED 39 YEARS, MOOTHEDATH HOUSE, EDAKKARA AMSOM, CHALLIKKAL DESOM, 2. NOUSHAD, S/O. KUNHALAVI, AGED 23 YEARS, KEEZHVEETTIL, EDAKKARA AMSOM, CHALLIKKAL DESOM, P.O. MUNDERI, MALAPPURAM. BY ADV. MR. P.SAMSUDIN RESPONDENT/ COMPLAINANT:- ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHOMBALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 1833 of 2009 - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are the accused in C.R. No. 14 of 2009 of Chombala Police Station for an offence punishable under Section 55(a) of the Abkari Act for having been found in possession of Indian made foreign liquour in 15 bottles of 750 ml each, seeks their enlargement on bail. Petitioners were arrested on 21.03.2009. 2. I 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 with effect from 27.04.2009 on each of them executing a bond for Rs. 35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Vatakara and subject to the following Bail A.No.1833/2009 -:2:- conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 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. If the petitioners commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 8th day of April, 2009. V.RAMKUMAR, JUDGE. rv Bail A.No.1833/2009 -:3:-