IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 7752 of 2009() --------------------------------------- CMP.15264/2009 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.9/2009 OF OACHIRA POLICE STATION, KOLLAM DISTRICT. .................... PETITIONER/ACCUSED ---------------------- HARISANKAR, S/O.HARIDAS, RESHMA BHAVANAM, KANNIMEL CHERI, SAKTHIKULANGARA VILLAGE (FROM GOKULAM, KASHIVELIL P.O., EZHUKONE, KOTTARAKKARA). BY ADV. MR.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, OACHIRA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2010, ALONG WITH BA NO. 66 OF 2009 BA NO. 7764 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. Nos. 7752 & 7764 of 2009 & 66 of 2010 ------------------------------------------------------- Dated this the 21st day of January, 2010 O R D E R All these three Bail Applications are filed by Harisankar under Section 439 of the Code of Criminal Procedure in Crime Nos. 348/2009 of Mararikulam Police Station, 9/2009 of Oachira Police Station and 1708/2009 of Kalamassery Police Station. 2. B.A. No.66 of 2010 relates to Crime No.348 of 2009 of Mararikulam Police Station. The petitioner is the 5th accused therein. The offences alleged against the petitioner are under Sections 8(1)(2) & 55(a) of the Abkari Act. The prosecution case is that on 20/9/2009, the accused persons were found transporting 700 litres of spirit in a Maruti Swift Car. The petitioner was arrested on 4/12/2009 in Crime No.1708/2009 of Kalamassery Police Station. The formal arrest of the petitioner was recorded on 17/12/2009. 3. B.A.No.7752 of 2009 relates to Crime No.9 of 2009 of Oachira Police Station, in which the petitioner is the first accused. The offence alleged against the petitioner therein is under Section 8(1)(2) of the Abkari Act. The prosecution case is that on B.A. Nos. 7752& 7764 of 2009 & 66 of 2010 2 7/1/2009, the accused persons were found transporting 770 litres of spirit in a Ford Icon Car. The petitioner was arrested on 4/12/2009 in Crime No.1708/2009 as mentioned above. His formal arrest was recorded on 11/1/2009 in Crime No.9/2009 of Oachira Police Station. 4. B.A. No.7764 of 2009 relates to Crime No.1708 of 2009 of Kalamassery Police Station, in which the petitioner is the 4th accused. The offences alleged against the petitioner are under Section 8(1)(2) & 55(a) of the Abkari Act. The prosecution case is that on 4/12/2009, the accused persons were found transporting 650 litres of spirit in three vehicles. The petitioner was arrested on 4/12/2009. The petitioner is in judicial custody in all these cases. 5. The learned counsel for the petitioner submits that the petitioner undertakes not to commit any offence of similar nature while on bail in these cases. This undertaking is recorded. It is also submitted by the learned counsel for the petitioner that the petitioner is prepared to comply with any conditions that may be imposed by the court. B.A. Nos. 7752& 7764 of 2009 & 66 of 2010 3 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 on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class having jurisdiction, subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer between 9 A.M. and 1P.M. on all Mondays in Crime No.1708/2009 of Kalamassery Police Station. The petitioner shall report before the investigating officer between 9 A.M. and 1 P.M. on all Wednesdays in Crime No 9/2009 of Oachira Police Station. The petitioner shall report before the investigating officer between 9 A.M. and 1P.M. on all Fridays in Crime No.348/2009 of Mararikulam Police Station. The appearance as aforesaid shall be made till the final reports are filed or until further orders; B.A. Nos. 7752& 7764 of 2009 & 66 of 2010 4 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. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm