IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH MARCH 2007 / 22ND PHALGUNA 1928 Bail Appl..No. 1329 of 2007() ----------------------------- CRIME NO.14/07 OF THIRUVAMBADI POLICE STATION .................... : PETITIONER/ACCUSED ------------------------------------ SABU MON, S/O. ABDUL KAREEM, PURAMADATHIL HOUSE, THOTTUMUKKAM P.O., KOZHIKODE. BY ADV. SRI.C.VIVEK RESPONDENTS: COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 1329 OF 2007 A ```````````````````````````````````````````````````` Dated this the 13th day of March, 2007 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the 2nd accused in Crime No.14/2007 of Thiruvambadi Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly transporting 151 bottles of IMFL in an autorikshaw of which the petitioner was the driver and his father was the registered owner, seeks anticipatory bail. The detection was on 24.1.2005. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. The prosecution has no case that the IMFL bottles belong to the petitioner or that it was the petitioner, who was carrying the contraband liquor. The limited role played by the petitioner is only that of the driver of the autorikshaw. Under these circumstances, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the investigating officer concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: BA.1329/07 : 2 : 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. (V. RAMKUMAR, JUDGE) aks