IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 1005 of 2010() ----------------------------- CRIME NO.308/2009 OF PEECHI POLICE STATION, THRISSUR DT. .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- SURENDRAN,AGED 54 YEARS, S/O.THANKAPPAN,VANDANAM DESOM, PUNNAPRA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT -------------------------- THE S.I.OF POLICE,PEECHI POLICE STATION, THRISSUR,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1005 of 2010 --------------------------------------------- Dated this the 19th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.308 of 2009 of Peechi Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 11.7.2009, accused Nos.1 and 2 were found transporting 350 litres of spirit in a Santro car. They were arrested. The prosecution case is that the vehicle belonged to the petitioner. The registered owner of the vehicle was Sanal Kumar and as per an agreement, the petitioner was in possession of the vehicle at the relevant time. 4. The petitioner was arrested on 25.1.2010 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner is a car broker and he had sold the vehicle to one Sajan as per Annexure A2 agreement dated 17.5.2008. 6. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case BA No.1005/2010 2 on 27.1.2010. 7. 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, the present stage of investigation and also the fact that the charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thrissur, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Peechi Police Station on alternate Mondays until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 csl