IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 9903 of 2011() ----------------------------- CRIME NO.354 OF 2008 OF PATTANAKKAD POLICE STATION, ALAPPUZHA DT. PETITIONER/ACCUSED A4 ----------------------------------------- NIRUN STEPHEN,S/O.STEPHEN VARGHESE, PAUTHUSSERY HOUSE, WARD NO.19,VAZHAKULAM SOUTH PANCHAYATH,VAZHAKULAM SOUTH VILLAGE,KUNNATHU NADU TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): STATE -------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM(CRIME NO.354/2008 OF PATTANAKKAD POLICE STATION, ALAPPUZHA DISTRICT) BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9903 OF 2011 --------------------------------- Dated this the 23rd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.354 of 2008 of Pattanakkad Police Station, Alappuzha District. 2.The offences alleged against the petitioner are under Sections 55(a) and 8(1)(2) of the Abkari Act. 3.The prosecution case is that on 22.10.2008, 700 litres of spirit was transported in a Wagon R car by accused Nos.1 and 2. It is alleged that the petitioner is also involved in the offence. The further allegation is that the car was stolen by accused No.4 and others on 25.6.2007. The petitioner was arrested on 20.10.2011 in connection with the case of theft of the car and his formal arrest was recorded on 25.10.2011. B.A.No. 9903 OF 2011 2 4. As per the order dated 23.12.2011 in B.A.No.9901 of 2011, bail was granted to the petitioner in Crime No.532 of 2007 of Kalamassery Police Station. (case relating to theft of the car). 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Cherthala, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Wednesdays and Saturdays for a period of one month, and thereafter on all Wednesdays, till the final report is filed or until further orders. B) The petitioner shall appear before the B.A.No. 9903 OF 2011 3 investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms