IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5356 of 2009() ------------------------------------ CMP. 9343/2009 of J.M.F.C.-II, KOTTARAKKARA CRIME NO. 243/2002 OF CHADAYAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- RAJI MON @ BINU, S/O.SASIDHARAN, THOTTUVARAMPIL VEEDU, PUTHENPALAM, KANNAMMOOLA WARD,VANCHIYOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA REPRESENTED BY C.I.OF POLICE,KADAKKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT (INVESTIGATING TAKEN OVER AS PER THE ORDER OF THE S.P, KOLLAM),REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5356 of 2009 ------------------------------------ Dated this the 25th day of September, 2009 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.3 in Crime No. 243/2002 of Chadayamangalam Police Station. 2. The offence alleged against the petitioner is under Section 55 (a)(i) of the Abkari Act. 3. The date of occurrence was on 17.08.2002. A quantity of 1155 litres of spirit was seized. The petitioner was arrested in connection with another Abkari case and his formal arrest was recorded in the present case on 21.08.2009. The petitioner was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was absconding all throughout and that was a reason why he could not be arrested. He is involved in another Abkari offence. 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 B.A. No. 5356 of 2009 2 investigation, 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 depositing a sum of Rs. 50,000/- before the Judicial Magistrate of the First Class-II, Kottarakara and also on his executing a bond for Rs. 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara and also 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. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 5356 of 2009 3 E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled and the amount deposited shall be forfeited. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln