IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 641 of 2010() ---------------------------- CMP.9457/2009 of J.M.F.C.-I,NEDUMANGAD .................... CR.NO.26/2009 OF NEDUMANGAD EXCISE RANGE,TRIVANDRUM DISTRICT ..... PETITIONER/3RD ACCUSED: -------------------------------------------- SAMBASIVAN @ SAMBAN, AGED 41 YEARS, S/O.AANANDAN, A.G.HOUSE, POTTANCHIRA, KOTTAKKAKAM MURI, AARYANADU VILLAGE, NEDUMANGAD TALUK. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.K.SATHEESH KUMAR. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF EKRALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2010 ALONG WITH B.A.NO.642 OF 2010 AND B.A.NO. 643 OF 2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. ------------------------ B.A. Nos. 641, 642 and 643 of 2010 --------------------------------------------- Dated this the 22nd day of February, 2010 O R D E R All these Bail Applications are filed by the same person, namely, Sambasivan @ Samban. These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. 2. Bail Application No. 641/2010 relates to C. R. No. 26/2009 of Nedumangad Excise Range, Thiruvananthapuram District. The petitioner is the third accused therein and the offence alleged against him is under Section 55(a) of the Abkari Act. The allegation is that on 24.04.2009, the accused persons were found transporting 861 litres of spirit. The petitioner was arrested on 19.12.2009 in C. R. No.54/2009 and his formal arrest was recorded in C.R. No. 26/2009 on 31.12.2009. 3. Bail Application No.642/2010 relates to C.R. No. 40/2009 of Amaravila Excise Range, Thiruvananthapuram, District. The petitioner is the third accused therein and the offence alleged is under Section 55(a) of the Abkari Act. The prosecution case is that on 20.06.2009, the accused Nos. 1 and 2 were found transporting 594 litres of spirit in a Maruti Zen car. B.A. Nos. 641, 642 and 643 of 2010 2 It is alleged that the spirit was arranged by accused No. 3. The petitioner was arrested on 19.12.2009 in C. R. No. 54/2009 and his formal arrest was recorded in C.R. No.40/2009 on 31.12.2009. 4. Bail Application No. 643/2010 relates to C. R. No. 54/2009 of Vamanapuram Excise Range. The petitioner is the first accused therein and the offence alleged is under Section 55(a) of the Abkari Act. The prosecution case is that on 19.12.2009, the accused persons were found transporting 40 litres of spirit in a car. The petitioner was arrested on the spot. 5. The petitioners had filed B. A. Nos. 229/2010, 231/2010 and 232/2010 for bail. Those applications were dismissed by the order dated 21.01.2010. 6. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court for granting bail. The petitioner also undertakes that he will not commit any offence while on bail in these cases. This undertaking is recorded. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. Nos. 641, 642 and 643 of 2010 3 petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class having jurisdiction subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer in C. R. No. 40/2009 of Amaravila Excise Range on every Monday between 9 A.M. and 11 A.M. The petitioner shall appear before the Investigating Officer in C. R. No. 54/2009 of Vamanapuram Excise Range between 9 A.M. and 11 A.M. on every Wednesday. The petitioner shall also appear before the Investigating Officer in C. R. No. 26/2009 of Nedumangad Excise Range between 9 A.M. and 11 A.M. on every Friday, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer concerned, for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. Nos. 641, 642 and 643 of 2010 4 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 Applications are allowed as above. K.T. SANKARAN, JUDGE ln