IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6739 of 2009() ----------------------------------- CRIME NO. 258/2009 OF NEYYARDAM POLICE STATION ...................... PETITIONERS/ACCUSED: ---------------------------------- 1. HARICHANDRAN, S/O. CHELLAPPAN NADAR, SARADALAYAM, KOTTUKAL DESOM, KOTTUKAL VILLAGE. 2. CHANDRAN, S/O. RENDRANKARAN, ASWATHY BHAVAN, UCHAKKADA, KOTTUKAL DESOM, KOTTUKAL VILLAGE. 3. MOHANAN, S/O. GOVINDAN NAIR, VISHNU BHAVAN, KODARAKKUZHI, VIZHINJAM DESOM, VIZHINJAM VILLAGE. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT: ------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6739 of 2009 ------------------------------------ Dated this the 13th day of November, 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. 1 to 3 in Crime No.258/2009 of Neyyardam Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioners are under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 5/11/2009, the accused persons were found in possession of 1.9 litres of arrack in an Alto Car. 4. Taking into account the peculiar 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 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.15,000/- each with two solvent sureties B.A. No. 6739/2009 2 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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