IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 997 of 2010 C.P.NO.28 OF 2010 ON THE FILE OF THE SESSIONS COURT, KASARAGOD CRIME NO.172 OF 2005 OF KUMBLA POLICE STATION, KASARAGOD. PETITIONER/ACCUSED -------------------------------------- ABDUL AZEEZ,AGED 35 YEARS, S/O.KUNHALI,UDAYA NAGAR HOUSE, NR.KUNJATHUR GOVT. HIGH SCHOOL, KUNJATHUR GRAMAM,KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP;BY INSPECTOR OF POLICE, KUMBLA POLICE,REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 997 OF 2010 ------------------------------------------------------ Dated this the 19th day of February, 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 in C.P.No.28 of 2010 on the file of the Sessions Court, Kasaragod. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 26.6.2005, the accused persons were found transporting 525 litres of spirit in a car. 4. It is stated that at the crime stage, the petitioner was released on bail. Later, during the committal stage, the petitioner did not appear. According to the petitioner, he has not received the summons. Non-bailable warrant was issued against the petitioner. Notice was also issued to the sureties. The petitioner was arrested on 29.1.2010. He moved for bail. The Judicial Magistrate of the B.A. NO. 997 OF 2010 :: 2 :: First Class I, Kasaragod dismissed the application for bail on 1.2.2010. 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 other circumstances, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Kumbala between 9 A.M. and 11 A.M. on every Monday until further orders; b) The petitioner shall appear before the Magistrate's Court or the Sessions Court, as the case may be, on all posting dates without fail unless he is prevented by sufficient cause from appearing before Court; c) The petitioner shall surrender his passport, if any, before the Court of the Judicial Magistrate of the First Class – I, Kasaragod, within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate within one week; B.A. NO. 997 OF 2010 :: 3 :: d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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 ahz/