IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6612 of 2009() ----------------------------- CRMP.3424/2009 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.525/2009 OF KATTAPPANA POLICE STATION, IDUKKI. .................... PETITIONER /10 ACCUSED: ------------------------------------------ JAYAN,S/O. SUKUMARAN, AGED 30 YEARS, VELATHOTTAM HOUSE, 1ST MILE, AMARAVATHY P.O. KUMILY, DISTRICT IDUKKI. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENTS/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, KATTAPPANA, DIST.IDUKKI. SRI. M.S.BREEZ, PUBLIC PROSECUCTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009 ALONG WITH B.A. NO.6614/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 6612 & 6614 of 2009 ----------------------------------------- Dated this the 13th day of November, 2009 O R D E R These Bail Applications are filed by Jayan, who is accused No.10 in Crime No.525/2009 and accused No.8 in Crime No.526/2009 of Kattappana Police Station. Both the cases were registered under Section 8(1)(2) of the Abkari Act. 2. The petitioner is a temporary watcher in a Check Post of Tamil Nadu Forest Department. 3. The prosecution case is the following: “On 15/9/2009 at 2.35A.M., the Circle Inspector of Police inspected a vehicle. 700 litres of spirit was seized from that car. Two persons were arrested. On 15/9/2009 at about 7.30 A.M, the police got information that some cans are found abandoned at a place. The police party went there. They found 10 cans containing 35 litres of spirit, one can containing 2 litres of spirit and some empty cans. Crime No.526/2009 was registered in respect of that case. 4. Investigation revealed that one Manoharan decided to transport spirit from Tamil Nadu to Kerala. He planned to take the spirit in two cars through a parallel route in the B.A. Nos. 6612 & 6614 of 2009 2 forest area within the state of Tamil Nadu. He decided to bribe the forest guards. The accused approached one forest guard, namely, Balamurugan for that purpose. Balamurugan was paid some money. On his instruction, the petitioner was also approached and he was also paid money. As planned, spirit was brought in two Wagon R cars. As per the plans made sufficiently early, it is alleged that the petitioner allowed the vehicles to pass through the Check Post, knowing fully well that spirit was being transported in the two Wagon R Cars. 5. In respect of the seizure of 700 litres of spirit, Crime No.525 of 2009 was registered. The petitioner was arrested on 12/10/2009 and he was remanded to judicial custody. The petitioner moved applications for bail before the learned Sessions Judge. Those applications were dismissed by the orders dated 27/10/2009 and 29/10/2009. The investigation has progressed much thereafter. 6. 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 petitioner. B.A. Nos. 6612 & 6614 of 2009 3 7. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattappana subject to the following conditions:- A) The petitioner 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 petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner 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 scm