IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 545 of 2008() ---------------------------- CMP.266/2008 of J.M.F.C.-I, ALUVA CRIME NO.785/2007 OF ALUVA POLICE STATION .................... : PETITIONER/8TH ACCUSED --------------------------------------- K.L.CHACKO, AGED 56 YEARS, S/O.LONAPPAN, 'KAITHARAM HOUSE', MALA PALLIPURAM P.O., KODUNGALLUR DISTRICT, THRISSUR. BY ADV. SRI.JOSHY THOMAS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY C.I. OF POLICE, ALUVA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.545 of 2008 ---------------------------------------- Dated this the 31st day of January 2008 O R D E R Application for regular bail. The petitioner is arrayed as the eighth accused in a crime registered under the Kerala Abkari Act. 5,905 litres of spirit is involved in the said crime. The said quantity of contraband liquor was allegedly transported to the scene of the crime and unloaded there. Many vehicles had been brought to the scene of the crime allegedly to transport from the scene such consignment of contraband liquor which was available there. One of such vehicles belongs to the petitioner. The petitioner was arrayed as an accused on this ground. He came to this court for anticipatory bail and by order dated 11/1/2008 in B.A.No.7866/07, the petitioner was directed to co- operate with the investigating officer, to appear before them and subject himself to interrogation. Accordingly, the petitioner surrendered before the investigating officer on 22/1/2008. The petitioner was produced before the learned Magistrate and he continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His vehicle had gone out B.A.No.545/08 2 from his possession. It was misutilised by the person in possession. In any view of the matter, the petitioner against whom the only allegation is that he happens to be the registered owner of the vehicle, does not deserve to be kept under detention any longer. The petitioner shall co-operate with the investigating officer. Subject to any appropriate conditions, the petitioner may be granted regular bail now, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application. At the request of this court, the learned Public Prosecutor has made available the case diary for perusal. The learned Public Prosecutor fairly concedes that except that the petitioner happens to be the registered owner of the vehicle, no other or better materials have been collected so far to indicate the complicity of the petitioner. 4. I am, in these circumstances, satisfied that the petitioner can be granted regular bail. In the total absence of any opposition from the learned Public Prosecutor and in the total absence of any material to connect the petitioner with the B.A.No.545/08 3 crime, I find no reason not to exercise the discretion under Section 439 Cr.P.C in favour of the petitioner. 5. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer as and when directed by the investigating officer in writing to do so. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr B.A.No.545/08 4 B.A.No.545/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007