IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Bail Appl..No. 7620 of 2011() ----------------------------- CRIME NO.585/2011 OF MUNNAR POLICE STATION, IDUKKI .................... PETITIONERS/ACCUSED NO.1 AND 2: ------------------------------------------ 1. MANU, AGED 22 YEARS, S/O.BABU, PUTHENPURAYIL HOUSE, KALLAR TEA BHAGOM, PALLIVASAL VILLAGE, IDUKKI DISTRICT. 2. JOHNSON, AGED 23 YEARS, S/O.JOSEPH, THOTTUMKAL HOUSE, KALLAR TEA BHAGOM, PALLIVASAL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): STATE: --------------------- STATE OF KERALA REPRESENTED BY S.H.O.MUNNAR POLICE STATION, IDUKKI DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7620 of 2011 --------------------------- Dated this the 27th day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.585 of 2011 of Munnar Police Station. 2. The offences alleged against the petitioners are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 3.9.2011, the petitioners were found transporting for sale 7.75 litres of Indian made foreign liquor. The petitioners were arrested on 3.9.2011 and they were remanded to judicial custody. 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 7620/11 2 The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Devikulam, 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