IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 7 of 2010() -------------------------- CRIME.NO.161 OF 2007 OF MALA POLICE STATION PETITIONER: ACCUSED NO.2: --------------------------------- JIS, S/O.MOHAN, AGED 30 YEARS, VADAKKENATT VEEDU, VALAYANCHIRAGARA, NOW RESIDING AT NR.MOSQUE, VENGOLA. BY ADV. SRI.P.A.MARTIN ROY RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, MALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7 OF 2010 ------------------------------------------------------ Dated this the 13th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.161 of 2007 of Mala Police Station. 2. The offence alleged against the petitioner and the other accused is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 29.3.2007, the petitioner and the other accused were found transporting a quantity of approximately 910 litres of spirit in a Scorpio car. The petitioner could be arrested only on 10.11.2009 as he was absconding. He was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that, after completing the investigation, charge was laid in the case on 30.11.2009. The case is now pending as C.P.No.151 of 2009 on the B.A. NO. 7 OF 2010 :: 2 :: file of the Court of the Judicial Magistrate of the First Class, Chalakkudy. 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 fact that charge was laid in the case, 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakkudy, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Mala Police Station between 9 A.M. and 11 A.M. on all Mondays until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. NO. 7 OF 2010 :: 3 :: The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/