IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10582 of 2011() ------------------------------ CMP.11091/2011 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/ACCUSED :- -------------------------------------- ARUNKUMAR @ SANDEEP, S/O.THULASEEDHARAN, HOUSE NO.107, VISHNU NAGAR HOUSING BOARD COLONY, KOTTAKKAKAM MURI, ARYANAD, THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S)/INVESTIGATING OFFICER :- ------------------------------------------------------------------ SUB INSEPCTOR OF POLICE, ARYANAD POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.ABDUL SALAM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J. -------------------------------- B.A. No.10582 of 2011 ------------------------------- Dated this the 27th day of December 2011 O R D E R Petitioner is the first accused in Crime No.1028/2011 of Aryanadu Police Station. He was arrested on 29.11.2011 alleging that he was found transporting 10 litres of illicit arrack in 10 plastic covers. He was travelling in an autorickshaw of which the 2nd accused is stated to be the driver. Since 29.11.2011 he is in custody, he may be granted bail, the learned counsel for the petitioner submits. 2. Learned Public Prosecutor strongly opposed the petition stating that the investigation has not been completed. Petitioner's application for bail was rightly dismissed by the learned Magistrate. However, the learned counsel submits that the petitioner will co-operate with the investigation. He did not run away when the police intercepted the vehicle, whereas the driver of the autorickshaw ran away. Hence, the learned counsel submits that the aforesaid conduct of the accused will show that he is a law abiding citizen and is not involved in any other crime B.A. No.10582 of 2011 -: 2 :- so far. 3. However, considering all the aspects, the petitioner is granted bail with effect from 1.1.2012 on the following conditions: (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount to the satisfaction of the Court below. The sureties shall produce their original title deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested photocopies, the original shall be returned to them. (b) The petitioner will appear before the Investigating Officer on all Mondays and Fridays between 10 AM and 11 AM until further orders. (c) The petitioner shall not enter the limits of Aryanadu Police Station except for compliance of condition (b) just mentioned above. (d) The petitioner/accused shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same B.A. No.10582 of 2011 -: 3 :- before the Magistrate. The Investigating Officer can ascertain the correctness of the affidavit, if it is sworn by the petitioner/accused that he has no passport. (e) The petitioner shall not influence the witness or interfere with the investigation nor shall the witness be intimidated or terrorized. (f) The petitioner shall appear before the Investigating Officer for interrogation as and when directed. (g) The petitioner shall not get himself involved in commission of any offence while he is on bail. (h) Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the Court. N.K.BALAKRISHNAN, J UDGE. Jvt