IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4962 of 2009() ----------------------------- CRIME NO.78 OF 2007 OF CUMBUMMETTU POLICE STATION CRMP.2324/2009 of D.C.& SESSIONS COURT,THODUPUZHA PETITIONER/ACCUSED NO.1 ------------------------------------------- MURALEEKRISHNAN, AGED 25, S/O.THANKAPPAN PILLAI, AMBIKA SADANATHIL HOUSE, MUKHATHALA VILLAGE, KOLLAM. BY ADV. SMT.M.MADHUBEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4962 of 2009 --------------------------------------------- Dated this the 7th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.78 of 2007 of Cumbummettu Police Station. 2. The offences alleged against the petitioner are under Section 8(1) & (2) of the Abkari Act and Section 3(1) of the PDPP Act. 3. The prosecution case is that on 11.6.2007, the accused persons were found transporting 560 litres of spirit. The petitioner was arrested on 11.6.2007 itself. He was released on bail on 14.8.2007 on certain conditions. He was to appear before the investigating officer on every Monday and Thursday. He failed to comply with the conditions. On the application made, the learned Sessions Judge cancelled the bail. Non bailable warrant was issued against the petitioner. It would appear that at that time, the sureties made available the petitioner before court. The learned Magistrate dismissed the Bail Application as per the order dated 16.7.2009. The petitioner approached the Sessions Court. The Sessions Court dismissed the Bail Application as per the order BA No. 4962 /2009 2 dated 12.8.2009. 4. It is submitted by the learned counsel for the petitioner that charge is not laid in the case and if the petitioner is to continue in judicial custody, he would be put to irreparable injury. It is submitted that the petitioner was suffering from jaundice and therefore, he could not appear before the investigating officer after 4.9.2008. Till 4.9.2008, the petitioner was complying with the conditions imposed as per the order dated 14.8.2007. 5. The learned Sessions Judge dismissed the application holding that no medical certificate was produced to show that the petitioner was suffering from jaundice. The learned Sessions Judge also noticed that the third accused had also jumped bail and in similar circumstances, his presence also could not be secured. 6. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to comply with any conditions that may be imposed for the grant of bail. The petitioner also undertakes that he will comply with all the conditions if bail is granted to him. 7. In the facts and circumstances of the case and also taking into account the fact that final report is not filed in the case, I am inclined to grant bail to the petitioner on stringent conditions. BA No. 4962 /2009 3 The petitioner shall deposit a sum of Rs.1 lakh before the court of the Judicial Magistrate of the First Class- Nedumkandom as a first condition for the grant of bail. The grant of bail is also subject to the following conditions: The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandom , subject to the following conditions as well. a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl