IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 1322 of 2010() --------------------------------- CRIME NO. 820/2009 OF NEYYATTINKARA POLICE STATION ....................... PETITIONER/ACCUSED : --------------------------- PRASANTH, S/O.VIJAYAKUMAR, REKHA NIVAS, KAVUMPURAM, MANCHA DESOM, KARIPPOORU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1322 of 2010 ------------------------------------ Dated this the 10th day of March, 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.1 in Crime No.820 of 2009 of Neyyattinkara Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 4.11.2009, the accused persons, three in number, were found transporting 980 litres of spirit in a Toyota Qualis car belonging to the first accused. On seeing the police party, the accused persons ran away. The petitioner was arrested on 14.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature registered as C.R.No.54 of 2009 by Vamanapuram Excise Range. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may B.A. No. 1322/ 2010 2 be imposed by the Court. The counsel also submits that the petitioner undertakes not to commit any other offence of similar nature while on bail in the present case. This undertaking is recorded. 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 also the undertaking, I am of the view that bail can be granted to the petitioner. 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-I, Neyyattinkara 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 and Thursdays for two months and thereafter on 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. B.A. No. 1322/ 2010 3 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 ln