IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4982 of 2009() ----------------------------- CRMP.2529/2009 of J.M.F.C.- I, OTTAPPALAM CRIME NO. 559/ 2009 OF OTTAPPALAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO5: ------------------------------------------------- 1. SUDHEESH, AGED 29 YEARS, S/O.SUKUMARAN, VALIYAPARAMBIL VEEDU, ODANNUR, PARLI, PALAKKAD DIST. 2. V.R.SANKARANKUTTY @ PRAMOD, AGED 37 YEARS, S/O.RAMANKUTTY,VADAKKE VEEDU, PARLI, PALAKKAD DIST 3. CHANDRAN, AGED 37 YEARS,S/O.KANNAN, PANGODE HOUSE, ODANNUR, PARALIL, PALAKKAD DIST. 4. RAGHAVAN, AGED 31 YEARS, S/O.KUNJUKUTTAN KALLINGAL VEEDU, ODANNUR, PARALIL, PALAKKAD DIST 5. SETHUMADHAVAN, @ SEDHU,AGED 49 YEARS, S/O.KANNAN, VALIYAPARAMBIL HOUSEL ODANNUR, PARALIL, PALAKKAD DIST BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY CIRCLE INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD DIST.REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4982 of 2009 ------------------------------------ Dated this the 28th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 to 5 in Crime No.559/2009 of Ottappalam Police Station. 2. The offence alleged against the petitioners is under Section 55 (a) of the Abkari Act. 3. The prosecution case is that on 10.08.2009, a quantity of 30 litres of spirit was seized from the vehicle in which the petitioners were travelling. They were arrested on the spot. The petitioners are in judicial custody. 4. The petitioners state that the first petitioner is running a toddy shop in Kuzhalmannam Excise Range in Palakkad District. It is stated that the petitioners were returning from Guruvayur to Palakkad. According to the petitioners, the case was foisted against them, at the instance of the rival contractors whose intention is to see that the licence of the first petitioner is cancelled. B.A. No. 4982 of 2009 2 5. For the purpose of disposal of this bail application, it is not necessary to take a final decision on this contention put forward by the petitioner. It is also not proper to arrive at any conclusive finding while disposing of the bail application. Any such finding would have serious impact on the case of either the prosecution or the defence. 6. The fact remains that the petitioners are in judicial custody since 10.08.2009. The learned Public Prosecutor submitted that the petitioners are not involved in any other offence of a similar nature. 7. 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. 8. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class,Ottappalam subject to the following conditions:- B.A. No. 4982 of 2009 3 A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 ln