IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10427 of 2011() ------------------------------ CMP.5894/2011 of J.M.F.C., HARIPAD Crime No.396 of 2011 of Kanakakkunnu Police Station, Alappuzha District. .................... PETITIONER/1ST ACCUSED: ------------------------------------------- REJITH, AGED 29 YEARS, S/O.THYAGARAJAN, VADAKKEPARAMBIL VEEDU, PUNNAPARA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10427 OF 2011 --------------------------------- Dated this the 20th 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.1 in Crime No.396 of 2011 of Kanakakkunnu Police Station, Alappuzha District. 2.The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3.The prosecution case is that on 2.12.2011, the petitioner and another were riding on a motor bike, and the pillion rider was found carrying a can containing 20 litres of arrack. It is alleged that the accused were transporting the arrack. The petitioner was arrested on 2.12.2011 and he was remanded to judicial custody. B.A.No.10427 OF 2011 2 4. The learned counsel for the petitioner submitted that the petitioner was working in Behrain and he had come to his native place on leave. While riding on the bike, accused No.2 sought for a lift and accused No.1 only obliged accused No.2. It is submitted that accused No.1 has no connection at all with the transportation of the arrack. 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 with effect from 27.12.2011. 6.The petitioner shall be released on bail only on 27.12.2011 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, Haripad, 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, till the final report is filed or until further orders. B.A.No.10427 OF 2011 3 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. 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