IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Bail Appl..No. 3930 of 2010() ----------------------------- CP.14/2010 of J.M.F.C.-I MUVATUPUZHA .................... (S): PETITIONER/ACCUSED -------------------------------------- SHINOJ,S/O. BAHULEYAN, KOTTICKAL VEEDU, THOTTIPPAL VILLAGE,MUKUNDAPURAM, THRISSUR DISTRICT BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3930 of 2010 ---------------------------------------------- Dated 2nd July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 8 (2) of the Kerala Abkari Act. According to prosecution, on 6.3.2009, at about 8.40 a.m., a vehicle met with an accident. Accused nos.1 and 2 were the driver and helper of the vehicle. From the vehicle, 628 litres of spirit was seized by police. The first and second accused abandoned the vehicle and ran away. 3. Petitioner is the first accused. Learned counsel for petitioner submitted that the charge sheet is laid and the details in the charge sheet will show that nobody is cited to speak regarding possession of the article by petitioner. Nobody had witnessed the petitioner running away from the scene. Petitioner is implicated only because he was in possession of the vehicle during the relevant period, as stated by certain witnesses. It is also submitted that petitioner is not involved in any other case. The second accused, who is similarly placed is granted bail. 4. Since co-accused is granted bail and charge sheet BA NO.3930/10 2 is laid, this petition is not opposed. Learned Public Prosecutor submitted that stringent conditions may be imposed, while granting bail, in order to ensure the presence of petitioner in the trial. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall surrender his passport, if any, before the Magistrate Court concerned, within seven days from today. (iii) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs