IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Bail Appl..No. 2404 of 2008() -------------------------------------- CRIME NO. 322/2008 OF PATTAMBI POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.1757/2007 Dated 24/03/2008 ............................................... APPLICANTS/ACCUSED NO.3 & 4 -------------------------------------------------- 1. SHIJU, AGED 24 YEARS, S/O.UNNIKRISHNAN, PARIYARATHU VEEDU, PERINTHALMANNA. 2. NAFEEDHU @ SHANU, AGED 24 YEARS, S/O.ABDUL GANI, COCONUT GARDEN VEEDU, HOUSING COLONY, PERINTHALMANNA. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application NO. 2404 of 2008 - - - - - - - - - - - - - - - - Dated this the 18TH APRIL, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners who are accused Nos.3 and 4 in C.R. No.322/2007 of Pattambi police station for the offence punishable under Sec. 55(a) of the Abkari Act for having been found in possession of 118 plastic cans of spirit each containing 35 litres, seek their enlargement on bail. Petitioners were arrested on 29-2-2008. 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, Pattambi and subject to the following conditions: 1. Petitioners shall report before the Investigating ba 2404/08 -2- 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 commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, JUDGE. kvm/-