IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Bail Appl..No. 1904 of 2011() ----------------------------- CRIME No.205/2011 OF THENMALA POLICE STATION --------------- PETITIONERS/ACCUSED No.2 AND 3 :- ------------------------------------------------------ 1. VARGHESE @ KUNJUMON AGED 44, S/O.GEORGE, KALAYIL VEEDU, PAMPADI VILLAGE, KOTTAYAM DISTRICT. 2. SREEKANDAN, AGED 59 S/O.KRISHNA PILLAI, SREEMANDIRAM, PARANGOTTUKONAM, THEKKUMKARA, NEDUMANGADU VILLAGE. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S)/COMPLAINANT & STATE :- -------------------------------------------------------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ,ERNAKULAM, REP BY S.I. OF POLICE, THENMALA. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.1904 of 2011 - - - - - - - - - - - - - - - - DATE: 15.03.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos. 2 and 3 in Crime No.205/2011 of Thenmala Police Station for an offence punishable under Sec. 7 of the Essential Commodities Act read with Section 5(A) of the Kerala Rationing Order, seek their enlargement on bail. The petitioners were arrested on 28.02.2011. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail w.e.f 29.03.2011 on each of the petitioners executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. B.A. No.1904/ 2011 2 2. Petitioners shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police or to any other person in authority. 3. Petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 4. Petitioners shall not establish any contact with any of the witnesses or accused in the case. 5. Petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution. 6. Petitioners shall not commit any offence while on bail. 7. Petitioners shall notify to the Court his place of residence before executing the bail bond. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb