IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2440 of 2009() ----------------------------- CMP.972/2009 of J.M.F.C.-I,NEYYATINKARA CR. NO.10/09 OF EXCISE RANGE, THIRUPURAM .................... PETITIONERS/ACCUSED 1 AND 2 ----------------------------------------------- 1. JOY.V.M. S/O. MATHAI, VANDAZHY VEEDU, ERUMBUCHOLA POST OFFICE LIMIT, POTTASSERY VILLAGE, MANNARKAD TALUK, PALAKKAD DIST 2. SIVAPRASAD, S/O. THANKPPAN PILLAI, SIVA BHAVAN T.K.M. COLLEGE.P.O., LIMIT KOTTARAKKARA VILLAGE, KOLLAM TALUK, KOLLAM DIST. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2440 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R This is an application filed under Section 439 of the Code of Criminal Procedure. 2. Petitioners are accused 1 and 2 in Crime No.10 of 2009 of Excise Range, Thirupuram registered under Sections 55(a) and 67B of the Abkari Act. The allegation is that they were found transporting 1056 litres of spirit filled in 32 cans in a mini lorry on 14.3.2009. They were arrested on the same day and since then they are in judicial custody. 3. I have heard the learned Public Prosecutor. 4. Considering the gravity of offences involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 5. Accordingly, this petition is allowed subject to the following conditions: BA.2440/09 2 i) Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court-I, Neyyattinkara. ii) Petitioners shall report before the investigating officer twice in a week, i.e., on all Mondays and Fridays between 10 am and 11 am, till the final report is filed. iii) Petitioners shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. Petition is allowed. C.T.RAVIKUMAR, JUDGE vgs.