IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7422 of 2009 CRIME NO.391 OF 2009 OF KADUTHURUTHY POLICE STATION, KOTTAYAM. PETITIONER/ACCUSED NOS.1 & 7 ------------------------------------------------ 1. T.C.CHANDY, AGED 46 YEARS, S/O.LATE CHACKO, THYKKAL HOUSE, MUTTUCHIRA P.O., KADUTHURUTHY, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. ROSHAN MATHEW, AGED 28 YEARS, S/O.MATHEW, PANAKUZHY HOUSE, MUTTUCHIRA P.O., KADUTHURUTHY, KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.NIREESH MATHEW SRI.M.G.KARTHIKEYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7422 OF 2009 ------------------------------------------------------ Dated this the 14th day of December, 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 and 7 in Crime No.391 of 2009 of Kaduthuruthy Police Station, Kottayam District. 2. The offences alleged against the petitioners are under Sections 55(a), (g), (h) (i), 58 and 55D of the Abkari Act. 3. The prosecution case is that on getting secret information on 19.09.2009 that arrack was being sold in the building near the house owned by the first accused, the police party had gone to the place. The first accused owns the building and also a soda factory nearby. It is alleged that on the arrival of the police party at the scene, the first accused drove away in an Innova Car. The police party arrested accused Nos.2 to 6. It is alleged that accused Nos.2 to 4 were carrying cans containing 5 litres each of arrack. Two vehicles parked in the place were seized by the police. It is also B.A. NO. 7422 OF 2009 :: 2 :: alleged that one person ran away from the scene of occurrence. According to the prosecution, the person who ran away is the seventh accused. 4. The petitioners filed Bail Application Nos.6096 and 6314 of 2009 for anticipatory bail. Those applications were dismissed by the order dated 1.12.2009. Thereafter, the petitioners surrendered before Court on 2.12.2009. It is submitted by the learned counsel for the petitioners that the learned Magistrate had ordered to give custody of the petitioners to the investigating officer for the period from 5.12.2009 to 7.12.2009. It is also submitted that the petitioners were questioned by the investigating officer on getting such custody. 5. Taking into account the 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. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like B.A. NO. 7422 OF 2009 :: 3 :: amount to the satisfaction of the Judicial Magistrate of the First Class-I, Vaikom, 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 ahz/