IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1368 of 2009() ----------------------------- CRIME NO.73 OF 2009 OF MANNAR POLICE STATION CMP.1131/2009 of J.M.F.C.-I, CHENGANNUR .................... PETITIONER/SACCUSED -------------------------------------- 1. MANI, AGED 52 YEARS, W/O. RAJAN CHURAVELIL VEEDU, PADINJARE VAZHI MURI, THRIPPERUMTHURA VILLAGE, MAVELIKKARA TALUK. 2. APPUKKUTTAN, CHURAVELIL VEEDU, PADINJAREVAZHI MURI, THRIPPERUMTHURA VILLAGE, MAVELIKKARA TALUK. 3. GOPALAN, CHURAVELIL VEEDU, PADINJAREVAZHIMURI, THIPPERUMTHURA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT(S): COMPLAINANT ---------------------------------------------------- KERALA STATE, REPRESENTED BY SUB INSPECTOR OF POLICE, MANNAR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.1368 of 2009 - - - - - - - - - - - - - - - - DATED: 23.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 to 3 in Crime No. 73 of 2009 of Mannar Excise Range for offences punishable under Secs.8 (1) and 8(2) of the Abkari Act for having been found in possession of 15 litres of arrack, & 140 litres of wash , seeks their enlargement on bail. Petitioners surrendered before the Magistrate on 18.02.09. 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 w.e.f. 01.04.2009 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, Chengannur and subject to the following conditions: B.A. No.1368/2009 2 1. Petitioners 2 and 3 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. V.RAMKUMAR, JUDGE. sj B.A. No.1368/2009 2