IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2648 of 2010() ----------------------------- CMP.1070/2010 of J.M.F.C.-II, ALUVA CR.NO.41/2009 OF ANGAMALY EXCISE RANGE .................... PETITIONER/ACCUSED NO.2 :- ------------------------------------------- RAJESH, AGED 30 YEARS, S/O. RADHAKRISHNAN, KANIVELIPPARAMBU HOUSE, PONNURUNNI DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. MR.NIREESH MATHEW RESPONDENT/COMPLAINANT :- -------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ANGAMALY, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JVT P.Q. BARKATH ALI, J. =================== B.A. No. 2648 of 2010 ================== Dated this the 6th day of May, 2010 O R D E R This is a bail application filed by the 2nd accused in C.R.No. 41/2009 of Angamaly Excise Range under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on October 11, 2009 at 6.35a.m, he was found transporting, along with 1st accused, of 728.700 litres of spirit in a car bearing registration No.TN-37/AH-5318. The petitioner was arrested on 25.3.2010 and is in remand thereafter. 3. It is alleged in the petition that the petitioner is falsely implicated in this case, that he was made accused only on the basis of the alleged agreement produced by the registered owner of the vehicle and that therefore he may be released on bail. B.A. No. 2648 of 2010 -2- 4. Notice given to the learned Public Prosecutor. Public Prosecutor opposed this application. Heard. 5. The petitioner was made as accused in this case only on the ground that he was the agreement owner of the vehicle involved in this case. The Public Prosecutor submitted that the investigation in this case is almost over and the has already been laid before the Court. Therefore I feel that the petitioner can be released on bail subject to conditions. 6. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Trial Court on all hearing days except on exceptional circumstances. 2) The petitioner shall not commit similar offence while on bail. B.A. No. 2648 of 2010 -3- 3) In case of breach of any of the conditions mentioned above, the lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. jvt