IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2864 of 2009()
1. SANTHOSH KUMAR, S/O.BAHULAYAN NAIR,
... Petitioner
2. RAJESH, S/O.RAJENDRAN NAIR,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.2864 of 2009
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Dated this the 2nd June, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioners are accused 1 and
2 in Crime No.309/09 of Aryanadu Police Station.
2. The offence alleged against the petitioners is under
Section 8(1) and (2) of the Abkari Act.
3. The prosecution case is that accused 1 and 2 were
found transporting of 1.75 litres of arrack. It is the further
case of the prosecution that accused No.3 sold the arrack to
accused 1 and 2. Accused 1 and 2 were arrested on 16.5.2009.
Accused No.3 was arrested on 18.5.2009. They are in judicial
custody.
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 offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners.
BA.2864/09 2
5. The petitioners shall be released on bail on their
executing bond for Rs.25,000/- each with two solvent sureties
for the like amount to the satisfaction of the Judicial
Magistrate of the First Class, Nedumangad, subject to the
following conditions:
A) The petitioners shall report before the
investigating officer between 9 AM and 11
AM 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
vgs.