IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Bail Appl..No. 4182 of 2010() ----------------------------- CRIME NO.246/10 OF PERUNAD POLICE STATION, PATHANAMTHITTA .................... (S): PETITIONERS/ACCUSED NOS. 1 & 2 -------------------------------------------------- 1. MONACHAN, AGED 46, S/O.MATHAI, PALAMOOTTIL HOUSE, MEKOZHOOR, MYLAPRA, PATHANAMTHITTA DISTRICT. 2. JOJI VARGHESE, AGED 25 YEARS, S/O.VARGHESE, THADATHIL HOUSE, PUTHUSSERIMALA, RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA SMT.JYOTHIS MARIA VARGHESE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4182 of 2010 ---------------------------------------------- Dated 13th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(g) and (h) of the Kerala Abkari Act. According to prosecution, on 24.6.2010 at about 12.30 p.m., petitioners(accused nos.1 and 2) were found transporting 90 bottles of Indian Made Foreign Liquor (33.75 litres) in an autorikshaw. They were arrested from the spot. 3. Learned counsel for petitioners submitted that neither Section 55(g) nor (h) will be attracted in this case. In the mahazar itself, it is stated that the contraband article was purchased from the Beverages Corporation. Hence, as per the settled position, only the offence under Section 63 of the Abkari Act will be attracted in this case, it is submitted. Petitioners are in custody for the past 20 days. 4. This petition is opposed. On hearing both sides, I am satisfied that petitioners have a strong and arguable case in respect of the offence attracted. Section 63 is a bailable offence. BA NO. 4182/10 2 Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10a.m. and 1 p.m. until further orders. (ii) Petitioners shall not influence or intimidate any witness or tamper with evidence. (iii) In case the petitioners are involved in any offence of similar nature, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs