IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9923 of 2011() ----------------------------- CRIME NO.83 OF 2011 OF PAMPA POLICE STATION .................... PETITIONERS/ACCUSED ---------------------------- 1. JOY, AGED 31 YEARS,S/O. VASUDEVAN, JONY SADANAM, KATTADIMUKKU MURI, KADAKKAL VILLAGE, KOLLAM DISTRICT. 2. HARIPRASAD, AGED 27 YEARS, S/O. KRISHNAN PILLAI, LEELAMANDIRAM, ALATHARAMALA, KATTADIMUKKU MURI, KADAKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.V.VINAY RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR,PAMPA POLICE STATION. PIN-689662. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9923 of 2011 --------------------------- Dated this the 6th day of December, 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.83 of 2011 of Pampa Police Station. 2. The offences alleged against the petitioner are under Section 55(a) of the Abkari Act and Section 188 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22.11.2011, the accused were found consuming Indian made foreign liquor at Chalakkayam Toll Gate, near Pampa, in violation of the prohibitory order. A quantity of 500 ml. of Indian made foreign liquor was seized from the possession of the petitioners. The petitioners were arrested on 22.11.2011 and they were remanded to judicial custody. BA 9923/11 2 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. The petitioners shall be released on bail on their executing bond for ` 15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ranni, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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; BA 9923/11 3 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