IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 39 of 2008() --------------------------- CMP.2682/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME 327/06 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED NO.6 ---------------------------------------- SAIJU SHAHEED, S/O.ABDUL HAMEED, AGED 33 YEARS, MANAKULANGARAPARAMB VEEDU, THAZHEKKADU VILLAGE. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 39 OF 2008 ```````````````````````````````````````````````````` Dated this the 9th day of January, 2008 O R D E R Application for regular bail. Petitioner is the 6th accused. 8,155 litres of spirit was allegedly seized from the premises of the 2nd accused. The petitioner, a relative of the 2nd accused, happened to be present in the house of the 2nd accused when the consignment was unloaded in the house of the 2nd accused on an earlier date. His help and service were requested by the 2nd accused and the petitioner, fully conscious of the fact that the article that was being unloaded was contraband spirit, helped in the unloading of the liquor cans. This is the allegation against the petitioner. 2. Asked pointedly to explain the complicity of the petitioner, the learned Public Prosecutor submits that the investigation has revealed that the petitioner happened to be present in the house of A2 and at the request of A2, had helped in the unloading of the contraband articles in the house of A2. The petitioner has been continuing in custody BA.39/08 : 2 : from 20.2.07. Considering the nature and gravity of the offence levelled against him, I am satisfied that the petitioner does not deserve to be detained in custody any longer. I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks