IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Bail Appl..No. 926 of 2009() ---------------------------- CRIME NO.130/2009 OF VATAKARA POLICE STATION CMP.756/2009 of J.M.F.C.,VADAKARA .................... PETITITIONERS/ACCUSED 1 TO 2 -------------------------------------------------------- 1. SENTHOOR PANDYAN, S/O.IYYAKUTTY, KUPPANAPURAM HARIJANCOLONY,MANNUR, TIRUNELVELI- TAMILNADU. 2. SELVAKUMAR, S/O.PALAVESAN,TIRUNARKOVIL, TIRUVENKITANAGAPURAM, TIRUPATIKOVIL, TAMILNADU. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT/ STATE ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, KOZHIKODE-DIST, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682031. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.926 of 2009 =============================== DATED: 12.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Crime No.130 of 2009 of Vatakara Police Station for offences punishable under Sec.55(a) of the Abkari Act for having been found in possession of 36 litres of IMFL, seek their enlargement on bail. Petitioners were arrested on 9.2.09. 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 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. 26.3.09 on their executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Vatakara and subject to the following conditions: B.A.No.926/2009 -:2:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation, including custodial interrogation as and when required by the police till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. 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. Dated this the 12th day of March, 2009 V.RAMKUMAR, JUDGE. sj B.A.No.926/2009 -:3:-