IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 7810 of 2009() ---------------------------------------- CRIME NO.1708/2009 OF KALAMASSERY POLICE STATION. .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- SANDEEP, AGED 23 YEARS, VALLIPARAMPIL, MUNDOOR, PALAKKAD. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7810 of 2009 ----------------------------- Dated this the 14th day of January, 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.2 in Crime No.1708/2009 of Kalamassery Police Station. 2. The offences alleged against the petitioner are under Sections 8(1)(2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 4/12/2009, a total quantity of 650 litres of spirit was seized from three cars at Kalamassery. It is alleged that the spirit was being brought in these cars from Tamil Nadu. In the Ambassador car, in which the petitioner was travelling, a quantity of 264 litres of spirit was kept in eight cans. Some of the cans were placed in the rear seat of the vehicle. 4. The learned counsel for the petitioner submitted that the petitioner is an apprentice mechanic in a workshop at Palakkad. The Ambassador car in question was being repaired in that workshop. On the date of incident, the petitioner only sought a lift in the car to go to Chottanikara. He was not aware of the B.A. No.7810 /2009 2 fact that spirit was kept inside the car. It is also submitted that the petitioner is not involved in any other abkari offences. 5. The learned Public Prosecutor submitted that from the Mahazar itself it is clear that some of the cans containing spirit were kept in the rear seat of the vehicle. Apart from the driver, the petitioner alone was there in the car. It is submitted by the learned Public Prosecutor that it cannot be believed that the petitioner was not aware of the fact that spirit was being transported in the car. However, the learned Public Prosecutor submitted that no other case of the petitioner having involved in abkari offence is reported. 6. The petitioner was arrested on 4/12/2009 and he was remanded to judicial custody. 7. The petitioner is aged 23 years. It is stated that the petitioner is an apprentice mechanic in a motor workshop. He is not involved in any other abkari offences. 8. 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. B.A. No.7810 /2009 3 9. 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-II, Aluva 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. E) 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