IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Bail Appl..No. 6293 of 2009() ------------------------------------- CRIME NO. 547/2009 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/5TH ACCUSED: ------------------------------------------ BIJUMON, S/O.KUMARESAN, THERIVILA PUTHEN VEEDU, MANALUVILA, VENPAKAL DESOM, ATHIYANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT/COMPLAINANT-STATE: --------------------------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6293 of 2009 ------------------------------------ Dated this the 30th day of October, 2009 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.5 in Crime No.547/2009 of Neyyattinkara Police Station. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 12/8/2009, the accused persons were found making preparation for transportation of 1470 litres of spirit in two Ambassador cars and one Autorickshaw. The petitioner could not be arrested on the spot as he ran away. The petitioner was arrested on 13/9/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence of similar nature. 5. 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 B.A. No. 6293/ 2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. 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, Neyyattinkara 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, 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