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. 924 of 2010() -------------------------------- CMP.559/2010 of J.M.F.C.-I,KOYILANDY CRIME NO. 320/2007 OF KOYILANDY POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- SHIJU N.K., S/O.LATE KUNHUMON, NHARAKULAM HOUSE, KURICHI P.O. CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.RAJ MOHAN R.PILLAI SMT.D.MINI RAJAN RESPONDENT/STATE : ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.320 OF 2007 OF KOYILANDY POLICE STATION) BY SRI. M.S.BREEZ 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. 924 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.3 in Cr. No. 320 of 2007 of Koyilandy Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 23/4/2007, on receiving information that a Scorpio car was involved in an accident, the police party reached there. It was found that a quantity of 770 litres of spirit was kept concealed in the car. The driver and passenger in the car (accused Nos. 1 and 2) were arrested. The allegation is that the petitioner arranged the spirit from Karnataka and entrusted the same with accused Nos. 1 and 2 for transporting. The petitioner was arrested on 31/1/2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in Crime No.15/1999 of Kuttanad Excise Range. It is not known whether the case ended in conviction or acquittal. The learned Public Prosecutor also submitted that the B.A. No. 924/2010 2 petitioner is engaged in the business of transporting spirit for quite long. However, no case was registered against him recently, except the present one. 5. The learned counsel for the petitioner submitted that there is no material to connect the petitioner with the offence, except the statements made by accused Nos.1 and 2. The petitioner belongs to Kottayam and the spirit was seized from Koyilandy. The petitioner is also prepared to comply with any condition that may be imposed by the Court for granting bail. 6. 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 investigation, 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, Koyilandy subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 1 P.M. on every Monday, till the final report is filed or until further orders; B.A. No. 924/2010 3 B) The petitioner shall appear before the Investigating Officer for interrogation as and when required; C) The petitioner shall not leave the limits of Kottayam District for a period of three months, without giving prior intimation to the District Superintendent of Police, Kottayam; 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 scm The Registry will forward a copy of this order to the District Superintendent of Police, kottayam.