IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2377 of 2009 D CRIME NO.41 OF 2009 OF RAMANKARY POLICE STATION CMP.601/2009 of JFCM - I, RAMANKARI PETITIONER: ACCUSED NO.1 -------------------- REJI, S/O. PONNAPPAN, PULIMOOTTIL MAMBUZHAKARI, RAMANKARI VILLAGE. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR RAMMANKARI POLICE STATION, RAMANKARI. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2377 OF 2009 D ------------------------------------------------------ Dated this the 4th June, 2009 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.1 in Crime No.41 of 2009 of the Ramankary Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Kerala Abkari Act. 3. The prosecution case is that the petitioner and the second accused were found transporting 950 litres of spirit in a lorry. The petitioner could not be arrested as he ran away. He was arrested on 3.4.2009 and he is in judicial custody since then. Learned Public Prosecutor submitted that the petitioner is involved in another crime of similar nature as Crime No.71 of 2009 and that the third accused is not arrested. Learned counsel for the petitioner submitted that the arrest of the petitioner was made on 3.4.2009 and there is no reason to detain the petitioner, particularly when the prosecution has no case that the petitioner will make himself scarce, if bail is granted. B.A. NO. 2377 OF 2009 :: 2 :: 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rupees One lakh with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ramankary, 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 ahz/