IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 661 of 2010() --------------------------------- CRMP.819/2010 of J.M.F.C.-I, PUNALUR C.R.NO. 7/2010 OF PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT .................... PETITIONER/ACCUSED NO.1 : ---------------------------------- VINOD, AGED 26 YEARS, S/O.SANKARANKUTTY, SMITHA BHAVAN, KIZHAKKEKALLADATHEKKU MURI, KIZHAKKEKALLADA VILLAGE, KOLLAM TALUK. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PATHANAPURAM EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 661 of 2010 ------------------------------------ Dated this the 09th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R. No. 7/2010 of Pathanapuram Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 16.01.2010, the accused persons were found transporting 3808 litres of spirit in a Swaraj Mazda Lorry. It is stated that accused No.2 directed accused No.1 to take the spirit from Shencottai to Kerala. Coconuts were loaded in the lorry and the spirit was kept concealed in the lorry. The lorry was intercepted at the excise check post at Aryankavu. The petitioner was arrested on 16.01.2010 and he was remanded to judicial custody. 4. Accused No.2 is not arrested so far. The learned Public Prosecutor submitted that it is suspected that one more accused is also involved in the case. B.A. No. 661 of 2010 2 5. The petitioner is in judicial custody since 16.01.2010. 6. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. The fact that accused No. 2 is not arrested, by itself is not a ground to deny bail to accused No.1, who is in judicial custody since 16.01.2010. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur 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 and Thursdays, for two months and thereafter on 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. B.A. No. 661 of 2010 3 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 ln