IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1763 of 2010() --------------------------------------- CMP.1770/2010 of J.M.F.C.-II,NEDUMANGAD CRIME NO.259/2010 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/1ST ACCUSED: ------------------------------------------- AJITH KUMAR, AGED 23 YEARS, S/O.RAMAKRISHNAN, ASWATHY BHAVAN, NEAR CHRISTIAN CHURCH, PORAHOOR, MARYAPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSEUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1763 of 2010 ------------------------------------ Dated this the 29th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.259/2010 of Nedumangad Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 1/3/2010, the petitioner was found transporting 630 litres of spirit in a car. The petitioner was arrested on 1/3/2010 and he was remanded to judicial custody. 4. The petitioner moved an application for bail before the court of the Judicial Magistrate of the First Class-II, Nedumangad, which was dismissed by the order dated 11/03/2010. It is submitted that the investigation has progressed thereafter. 5. In Paragraph (4) of the Bail Application, it is stated thus: “The petitioner belongs to a poor family. The B.A. No. 1763 /2010 2 petitioner's father Ramakrishnan deserted him, mother and sister. The marriage of the sister named 'Aswathy' with one 'Mr. Krishnakumar' is fixed to 6/5/2010. The venue for the marriage is at Sreekrishna Temple at Neyyattinkara. The engagement ceremony for the marriage is fixed to 31/03/2010 at the bride's house named Aswathy Bhavan, Poranoor within the limits of Parassala Police Station. The petitioner/1st accused is the sole bread winner of the family and he is responsible person to conduct the engagement ceremonial function to be held on 31/3/2010. It is according to the rites and customs prevailing in the society and the relatives were already intimated. The petitioner/1st accused is in custody from 1/3/2010 onwards. The petitioner needs sufficient time to arrange with funds for the engagement ceremony going to held on 31/3/2010. The petitioner/1st accused condition is very pathetic and otherwise the marriage proposal will get ruined.” The marriage invitation card is also produced as Annexure (I). 6. The learned counsel for the petitioner submitted that the petitioner is not involved in any other abkari offence at any point of time earlier. It is also submitted that the petitioner undertakes not to commit any offence of similar nature while on B.A. No. 1763 /2010 3 bail in the present case. This undertaking is recorded. 7. 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 also the undertaking, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months (except 3rd and 6th May, 2010) and thereafter on Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the 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. B.A. No. 1763 /2010 4 E) 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 scm