IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4760 of 2008() ----------------------------- CMP.5822/2008 of J.M.F.C., PARAVOOR CRIME NO.352/08 OF CHATHANNOOR POLICE STATION PETITIONER ----------------- RETHISH BABU @ SHIJU, S/O.BABU, GANGA BHAVAN PARUTHUMPARA DESOM EZHUKONE VILLAGE FROM LEKSHAM VEEDU EDAKODE EZHUKONE VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, CHATHANNOOR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4760 of 2008 ----------------------------------------- Dated this the 30th July, 2008 O R D E R This petition is for bail. 2. A crime is registered under Section 55(a) and (i) of the Abkari Act, on the allegation that on 30.5.2008, the Sub Inspector of Police and party found spirit being unloaded in a property from a lorry and the petitioner was present at the scene with a pickup van intended to be used for transporting the unloaded spirit from the property. On seeing the police, the driver of the lorry drove away the vehicle and hence, the balance article in the lorry could not be seized. But the articles kept in the property were seized under a mahazar and crime was registered. 3. Petitioner is the third accused. Learned counsel for petitioner submitted that the petitioner was implicated as an accused at a highly belated stage. The petitioner was not present at the scene nor was the van parked by the side of the road. This fact is clear from the mahazar and the records which are prepared at the initial stage of the investigation. If as a matter of fact, the petitioner was present at the scene with the van, it is highly unlikely that it will miss the notice of the officials and they will omit to arrest the petitioner or seize the vehicle. Atleast, the petitioner BA.4760/08 2 would have been implicated in the offence at the initial stage itself. But no whisper is made in the mahazar regarding presence of any person at the scene or the pickup van, as alleged now. 4. Learned Public Prosecutor submitted that this petition is opposed. However, it is conceded that no mention is made about the involvement of any other person with the pickup van in the mahazar. As per the allegations now made, the vehicle was parked away from the place of occurrence and that may be the reason for the omission. Learned counsel for petitioner pointed out that as per the remand report, the petitioner was allegedly engaged in helping the unloading and he was present at the scene with the pickup van which was parked at the side of the National Highway. If this version is true, there is no reason why there is a vital omission in the records preferred at the beginning. According to him, the omissions only point out the subsequent implication. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions, notwithstanding the objection. Hence, the petitioner is granted bail on the following terms and conditions: BA.4760/08 3 i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.