IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3653 of 2009() ---------------------------------------- C.R. NO.160/2009 OF MANNAR POLICE STATION. PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. RAJAN NAIR, AGED 48 YEARS, NILVARASSERIL (RAJAMANDIRAM), BUDHANOOR MURI, ENNACKADU VILLAGE, 2. SURESH KUMAR, AGED 41 YEARS, S/O.MADHAVAN, KUTTIYIL VEEDU, PERINGALA MURI, ENNACKADU VILLAGE. BY ADV. SRI.S.PRAKASH RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3653 of 2009 ------------------------------------ Dated this the 7th day of July, 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 and 2 in C.R. No.160/2009 of Mannar Police Station, Alappuzha. 2. The offences alleged against the petitioners are under Sections 8(1) & (2) and 55(a) & (i) of the Abkari Act and Section 135(c)(1)(2) of the Representation of People Act. 3. The prosecution case is that on 16/04/2009, the date of parliamentary Election, the petitioners were found to be in possession of 4 litres of arrack and they were engaged in the sale of arrack. The first accused surrendered before the court on 13/05/2009 and the second accused surrendered before the court on 25/05/2009. They are in Judicial Custody. The learned Public Prosecutor submitted that the first accused is involved in 12 other cases, while the second accused is involved in 3 other cases of similar nature. B.A. No. 3653 /2009 Page numbers 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 on stringent conditions. 5. 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, Chengannur 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 and Fridays, 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 B.A. No. 3653 /2009 Page numbers 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 scm