IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7101 of 2009 CRIME NO.932 OF 2009 OF KOTTIYAM POLICE STATION PETITIONER/4TH ACCUSED ------------------------------------------ SHAJI, S/O.RAVEENDRAN, OLIKKARA VAYALIL PUTHEN VEEDU, NEAR THATTAMALA MUSLIM JAMAATH, PINACKAL, MAYYANADU, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7101 OF 2009 ------------------------------------------------------ Dated this the 3rd day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is accused No.4 in Crime No.932 of 2009 of Kottiyam Police Station, Kollam. 2. The offences alleged against the accused are under Sections 468 and 471 read with Section 34 of the Indian Penal Code and Section 55(a)(i) of the Abkari Act. 3. The prosecution case is the following: The police got information that spirit was being transported in a national permit lorry and it was being transferred to smaller vehicles. The police found the national permit lorry. Subsequently, a quantity of 25 litres of spirit was seized, based on the confession statement of accused No.4. On verification, it was found that Engine number and Chassis number of the national permit lorry were manipulated and forged. B.A. NO. 7101 OF 2009 :: 2 :: 4. The date of occurrence was on 30/10/2009. The petitioner was arrested on 1.11.2009. The petitioner was remanded to judicial custody. 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 a 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, Kollam 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) 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. B.A. NO. 7101 OF 2009 :: 3 :: D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. 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 ahz/