IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 5904 of 2010(C) ----------------------------------- (CMP.9928/2010 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.1741/10 OF KAUNAGAPALLY POLICE STATION, KOLLAM DISTRICT) .................... PETITIONER(S)/ACCUSED ------------------------------ PREMAN, S/O.NARAYANAN, T.C.1904, PANAYIL VEEDU, VALLAKKADAVU, PERUNTHANY VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): STATE ---------------------------- 1. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.5904 of 2010 * * * * * * * * * * * * * * * * * * DATED: 5th day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.1741/2010 of Karunagappally Police Station for an offence punishable under Sec. 55(a) (i) of the Abkari Act for having been found in possession of 1000 litres of spirit, seeks his enlargement on bail. Petitioner was arrested on 1.9.2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the fact that at present the only material is that the petitioner was only the driver of the TATA ACE goods carrier in which 1000 litres of spirit was packed in five barrels carrying the label Special Match Colour Developing Solution sent from Bhivandi in Bombay to Varnam Agencies in Kazhakkuttam and there is no material to show that the petitioner was aware of the contents of the barrels and having further regard to the nature of the offence, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 11.10.2010 on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties Bail Application No.5904 of 2010 2 each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: - 1. The 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 police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. 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. dmb