IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 943 of 2010() ---------------------------- CRIME NO.107/2010 OF HARIPAD POLICE STATION .................... PETITIONER : ACCUSED 2 & 3 ----------------------------------------- 1. PARAMESWARAN, AGED 62 YEARS S/O.NARAYANAN, VELUTHEDATHU PARAMPIL VEEDU WARD NO.VI, KARUVATTA PANCHAYATH,KARUVATTA VADAKKUM MURI,KARUVATTA VILLAGE. 2. RADHAKRISHNA PANICKER, AGED 42 YEARS S/O.CHELLAPPAN NAIR,MEENATHETHIL VEEDU WARD NO.VI, KARUVATTA PANCHAYATH,KARUVATTA VADAKKUM MURI,KARUVATTA VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.943 of 2010 --------------------------------------------- Dated this the 19th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.107 of 2010 of Haripad Police Station. 2. The offences alleged against the petitioners are under Sections 8(1) & (2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 3.2.2010, accused Nos.1 and 2 were found transporting 350 ml. of arrack in the autorickshaw driven by accused No.3. The petitioners were arrested on 3.2.2010 and they were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that the petitioners are not involved in any other case of similar nature. 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. BA No.943/2010 2 The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, 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 csl