IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4388 of 2009() ----------------------------- CRIME NO.91/09 OF CHITTARIKKAL POLICE STATION .................... PETITIONERS : ACCUSED 1 TO 3 ------------------------------------------- 1. V.P.RAMACHANDRAN S/O.AMBADY, VADAKKEPURAYIL, KANNAMTHODY, PERUMBATTA. 2. A.D.JOY S/O.DANIAL, PERUMBATTA,BHEEMANADI VILLAGE. 3. M.BASHEER S/O.MUHAMMED KUNHI, KANNAMTHODY, PERUMBATTA. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT ------------------------------------------- THE STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4388 of 2009 --------------------------------------------- Dated this the 7th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.91 of 2009 of Chittarikkal Police Station. 2. The offence alleged against the petitioners is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 11.7.2009, the accused persons were found selling Indian made foreign liquor. A quantity of 5.30 litres of Indian made foreign liquor was seized. The petitioners were arrested on 11.7.2009 and they are in judicial custody since then. 4. 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.4388/2009 2 The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, 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