IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5132 of 2009() ----------------------------- CRIME NO.32/2009 OF HARIPAD POLICE STATION .................... PETITIONERS (S): ACCUSED 2 & 3 -------------------- 1. MOHANAN, S/O.VIKRAMAN NAIR LAKSHMITHOPPIL SINI BHAVANAM PALLANA MURI, THRUKKUNNAPPUZHA VILLAGE. 2. SOMAN, S/O.MADHAVAN KONNACHANPARAMPIL, PALLANAA MURI THRUKKUNNAPPUZHA VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENT(S): COMPLAINANT --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE HARIPAD POLICE STATION PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5132 of 2009 --------------------------------------------- Dated this the 10th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.32 of 2009 of Haripad Police Station. 2. The offences alleged against the petitioners are under Sections 8(1) & (2) and 55(a) & (g) of the Abkari Act. 3. The prosecution case is that on 17.1.2009, the accused persons were found manufacturing arrack and they were found in possession of 70 litres of arrack so manufactured. The petitioners surrendered before court on 17.7.2009 and they were remanded to judicial custody. 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. BA No.5132 /2009 2 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, Haripad, 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, 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