IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2328 of 2010() ----------------------------- CMP.2244/2010 of J.M.F.C.-I,NEYYATINKARA .................... (CRIME NO.927/09 OF NEYYATTINKARA POLICE STATION) PETITIONER (S): 8TH ACCUSED: ------------------------------------------------- JAYAKUMAR, S/O. SUBBYAPILLAI, THEKKE KOTTOR PUTHEN VEEDU, ANIKUTTAN RD, THOZHUKKAL DESOM, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADVS. SRI.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2328 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the eighth accused in Crime No. 927 of 2009 of Neyyattinkara Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he along with other accused persons were found transporting 525 litres of spirit in a Tata Sumo car on October 7, 2009 and thereby committed offences punishable under section 55(a) and (h) of the Abkari Act. 3. The petitioner was arrested March 21, 2010 and he is in remand thereafter. Bail application filed by the petitioner was rejected by the Judicial Magistrate of the I Class-I, Neyyttinkara. 4. In this application it is stated that the petitioner is innocent of the offence alleged against him and that he was summoned to the police station and was arrested. It is also stated that if the petitioner is released on bail, he is BA 2328/10 2 prepared to abide by any conditions that may be imposed by this Court. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. The petitioner is in remand from March 21, 2010 onwards. Accused 2 and 3 had already been granted bail by order dated February 8, 2010 by this Court in B.A. No.360 of 2010. The learned Public Prosecutor submits that the investigation in the case is almost over. Therefore, I feel that the petitioner can be released on bail, but subject to conditions. 7. In the result, this petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on all Mondays and Thursdays. BA 2328/10 3 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) In case of breach of any of the conditions mentioned above, lower court can cancell his bail. P.Q. BARKATH ALI, JUDGE. mn