IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 601 of 2009() ---------------------------------------- (CRIME NO.296/2004 OF KANJIRAMKULAM POLICE STATION) PETITIONER/1ST ACCUSED: ------------------------------------------ JOLLY.J.N., S/O.JOSEPH HOUSE NO.10/90, THINAVITHACHA PUTHUVAL PUTHEN VEEDU,KARICHAL, KAZHUVOOR P.O.,KANJIRAMKULAM VILLAGE,NEYYATTINKARA SHOWN IN THE CASE RECORDS AS SUNILKIMAR, S/O.JOSEPH, RESIDING AT MARAMANGALAM MELE PUTHUVAL PUTHEN VEEDU,KARICHAL, KANJIRAMKULAM. BY ADV. MR.G.SUDHEER RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ----------------------------------------- B.A.No. 601 of 2009 ----------------------------------------- Dated this the 10th February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, 420 litres of spirit were seized from a house rented out by first accused. 210 litres of spirit were seized from the car, which was parked in the premises. Accused 2 and 3 have supplied the spirit to first accused. Detection of the crime was on 15.11.2004. 3. First accused was arrested only on 16.1.2009, after about four years. The charge sheet is laid and petitioner was remanded. He was shown as an absconding accused in the charge. 4. Learned counsel for petitioner submitted that petitioner was not aware of involvement in any abkari case because he was not doing any abkari business. Petitioner's name and address are shown in detail in the cause title, but in the case records, he is described in a totally different name BA.601/09 2 and address. That was the reason why he was not aware of the fact that he was involved in the crime, until he was arrested. Petitioner has no intention to abscond and hence, bail may be granted, it is submitted. 5. Learned Public Prosecutor submitted that the crime was registered as early as in 2004 and though the other accused could be arrested within two years, petitioner could be arrested only on 16.1.2009. He has conceded the discrepancy in the address shown in the cause title, but both the persons are same, it is submitted. 6. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- 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 for three months. BA.601/09 3 iii). 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.