IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 681 of 2010() --------------------------------- CMP.1217/2010 of J.M.F.C.-III,NEYYATTINKARA CRIME NO. 672/2009 OF BALARAMAPURAM POLICE STATION .................... PETITIONER/2ND ACCUSED: ---------------------------------- RATHEESH @ MANGLI RATHEESH, S/O.VENU, VADAKKE ANNAVILAKOM VEEDU, IRUMBIL DESOM, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 681 of 2010 --------------------------- Dated this the 24th 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 No.2 in Crime No. 672 of 2009 of Balaramapuram Police Station. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 1/12/2009, accused Nos.1 and 2 were found transporting 175 litres of spirit in an autorickshaw. On seeing the police party, they ran away abandoning the autorickshaw. On search of the vehicle, a quantity of 175 litres of spirit was found. The petitioner was arrested on 27/1/2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another abkari offence in Crime No.235/2008 of Neyyattinkara Police Station. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the B.A. No. 681/2010 2 case, the duration of the judicial custody undergone by the 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. 7. The petitioner shall be released on bail on his executing 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-III, Neyyattinkara 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 and Thursdays, 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. 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 scm