IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Bail Appl..No. 2603 of 2010() ----------------------------------------- (CRIME NO.208/2010 OF MANNAR POLICE STATION) PETITIONERS/ACCUSED A1 & A2: ---------------------------------------------------- 1. VIJAYAN, AGED 54 YEARS, S/O.MADHAVAN, VIJAYA SADANAM, PAVUKARA MURI, KURATTISHERIL VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. JOMON, AGED 35 YEARS, S/O.JOSE EPPAN, PAVUKARA MURI, KURATTISHERIL VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SURESH C.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No.2603 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of April, 2010 ORDER This is a bail application filed by accused 1 and 2 in Crime No.208/2010 of Mannar Police Station under Section 439 of Cr.P.C. 2. The allegation against the petitioners is that on April 14, 2010, they were found transporting 16.4 litres of IMFL in an autorickshaw and that thereby committed the offence punishable under Sections 55(a) and 8(1) & (2) of Abkari Act. They are arrested from the spot and are in remand thereafter. The Judicial Magistrate of First Class, Chengannur dismissed their bail application. 3. It is alleged in the petition that petitioners are innocent of the offence alleged against them and that they are falsely implicated in this case and that if released on bail, they will abide by any condition that may be imposed by this court. 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioners and the learned Public Prosecutor. B.A.No.2603/2010 2 6. For the following reasons, I am inclined to grant bail to the petitioners. Public Prosecutor submits that there are no other similar case registered against them and that investigation is almost over. Further they are in remand from April 14, 2010 onwards. Therefore, I feel that petitioners can be released on bail subject to conditions. 7. In the result, the petition is allowed. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioners shall appear before the Investigating Officer on all Mondays between 10 a.m. and 11 a.m. 2) The petitioners shall not commit similar offence while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioners shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) If petitioners violate any of the conditions mentioned above, lower court can cancel his bail. P.Q.BARKATH ALI JUDGE sv. B.A.No.2603/2010 2