IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7244 of 2009() ----------------------------- CRIME NO.1278/2009 OF KOTTARAKARA POLICE STATION PETITIONERS/ACCUSED 5,7,9. --------------------------------------------- 1. MANIKUTTAN, S/O.AYYAPPAN, THAMARASSERIVADAKKETHIL, PADINJATTUKARA, KOTTARAKKARA. 2. OMANAKKUTTAN, S/O.NEELAKANDAN, MANUBHAVANAM VEEDU, -DO-. 3. SURESH @ SURA, S/O.GOPINATHAN ACHARY, PARAVILAPUTHEN VEEDU, ELAMADU, KOTTARAKKARA. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE SUB INEPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7244 of 2009 --------------------------------------------- Dated this the 11th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.5, 7 and 9 in Crime No.1278 of 2009 of Kottarakara Police Station. 2. The offence alleged against the petitioners is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 13.8.2009, a quantity of 462 litres of spirit was found near the toddy shop run by accused No.4 wherein accused Nos.7 and 9 are salesmen. The allegation is that accused No.5 brought the spirit in a jeep. The petitioners surrendered before court on 26.10.2009 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 and that they undertake not to involve in any similar offence while on bail. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.7244/2009 2 petitioners, the nature of the offence and the present stage of investigation and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday for a period of two months and thereafter 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