IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 692 of 2010() ---------------------------- CRIME NO.19/2010 OF RAJAKKAD POLICE STATION, IDUKKI APPLICANTS/ACCUSED NOS.1 TO 10 -------------------------------------------------- 1. SAJAN,S/O.JOSEPH,AGED 23 YEARS, VAZHACHALIYIL HOUSE,MAMMATTIKKANAM KARA, RAJAKKAD VILLAGE,IDUKKI DISTRICT. 2. GIJO,S/O.JOSE,AGED 23 YEARS, PUTHUPARAMBIL HOUSE,MAMMATTIKKANAM KARA, RAJAKKAD VILLAGE,IDUKKI DISTRICT. 3. VISHNU,S/O.VIJAYASENAN,AGED 22 YEARS, NANDANAM HOUSE,KOMALAPURAM VILLAGE, ALAPPUZHA DISTRICT. 4. BINU,S/O.JOHN,AGED 23 YEARS,KOMALAPURAM VILLAGE,ALAPPUZHA DISTRICT. 5. SHIBU THOMAS,S/O.THOMAS,AGED 32 YEARS, MANJILATTETHU HOUSE,MAMMATTIKKANAM KARA, RAJAKKAD VILLAGE,IDUKKI DISTRICT. 6. MANI,S/O.KUMARAN,AGED 44 YEARS, EDAYANIKKATTU HOUSE,MAMMATTIKKANAM KARA, RAJAKKAD VILLAGE,IDUKKI DISTRICT. 7. JOSE,S/O.MATHEW,AGED 36 YEARS, CHITTADIYIL HOUSE,MAMMATTIKKANAM KARA, RAJAKKAD VILLAGE,IDUKKI DISTRICT. 8. ANISH @ KUTTAN,S/O.GOPI,AGED 28 YEARS, THARAPPAL HOUSE,MAMMATTIKKANAM KARA, RAJAKKAD VILLAGE,IDUKKI DISTRICT. 9. JOSHI,S/O.SASHI,AGED 28 YEARS, VELLAPPALLY HOUSE,PALLIMALI KARA,RAJAKKAD VILLAGE, IDUKKI DISTRICT. 10. SHIBU,S/O.KUMARAN,AGED 44 YEARS, ALLIYANKAL HOUSE,THEKKENKANAM,JOSE GIRI KARA, RAJAKKAD VILLAGE,IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL BA 692/2010 RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THE SUB INSPECTOR OF POLICE,RAJAKKAD POLICE STATION,IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.692 of 2010 --------------------------------------------- Dated this the 4th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 10 in Crime No.19 of 2010 of Rajakkad Police Station, Idukki District. 2. The offence alleged against the petitioners is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 28.1.2010, the accused persons were found in possession of 1 litre of arrack. They were arrested on 28.1.2010 and they were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that the accused persons were attending a marriage party and that they were not involved in any other offence. 5. 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 BA No.692/2010 2 petitioners. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adimaly, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on the first Monday of every month, 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