IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2166 of 2010() ----------------------------- CMP.2082/2010 of J.M.F.C.-I,NEYYATINKARA .................... PETITIONER/ACCUSED (A1) ------------------------------------------- SHAN, S/O. MADHAVAN, PLAVILA PUTHEN VEEDU, KYTHOTTUKONAM, VAZHIMUKKU, THALAYAL DESOM, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/04/2010, THE COURT ON 23/04/2010 PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2166 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by the first accused in Crime No. 718 of 2008 of Neyyattinkara Police Station, Idukki District under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on December 6, 2008 at about 9.45 p.m. he was found to be in possession of 3 litres of spirit in a white can in a motor cycle bearing registration No.KL-20-7141, near Arakunnu Check post, Vazhuthoor, Neyyattinkara and on seeing the police officials, he ran away from the spot and thereby he has committed an offence punishable under section 55(a) of the Abkari Act. 3. The petitioner was arrested on March 14, 2010. The Judicial Magistrate of the I Class-I, Neyyattinkara dismissed his bail application. Thereafter, he is in remand. 4. It is alleged in the petition that the petitioner is innocent of the allegations levelled against him and that he BA 2166/2010 2 is prepared to abide by any of the conditions that may be imposed by this Court. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. This application is opposed by the learned Public Prosecutor. 6. The petitioner is in remand from March 14, 2010 onwards. The learned Public Prosecutor submits that the investigation in this case is almost over and main witnesses have already been questioned. Therefore, I feel that the petitioner can be released on bail on conditions. 7. In the result, the application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer on all Mondays between 10 a.m. and 11 a.m. 2) The petitioner shall not commit any BA 2166/2010 3 offence similar in nature while on bail. 3) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the trial court without prior permission. P.Q. BARKATH ALI, JUDGE. mn