IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5709 of 2011() ------------------------- CMP.2882/2011 of J.M.F.C., HARIPAD CRIME NO.139/2011 OF VEEYAPURAM POLICE STATION ALAPPUZHA DISTRICT .................... PETITIONERS/ACCUSED NOS.1 AND 2: ---------------------------------- 1. ANU BABU, AGED 45 YEARS, W/O. BABU, MEENATHERIL VEETTIL, VEEYAPURAM PANCHAYAT, WARD NO.1, VEEYAPURAM VILLAGE, ALAPPUZHA DISTRICT. 2. ROBIN, AGED 24 YEARS, S/O. BABU, MEENATHERIL VEETTIL, VEEYAPURAM PANCHAYAT, WARD NO.1, VEEYAPURAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5709 of 2011 ---------------------------------------------- Dated this the 20th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.139 of 2011 of the Veeyapuram Police Station. 2. The offences alleged against the petitioners are under Sections 55 (a) & (i) of the Abkari Act and Section 353 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 26.6.2011, the accused persons were found engaged in the sale of liquor at their residence. When the police party came to the scene of occurrence, the accused poured out the liquor from the bottle and the second accused prevented the police from discharging their duties. The petitioners were arrested on 26.6.2011 and they are in judicial custody since then. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. Bail Appln.No.5709/2011 : 2 : 5. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) 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 skj