IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 1974 of 2010() ---------------------------------------- CRIME NO.342/2010 OF IRINJALAKKUDA POLICE STATION, THRISSUR ......... PETITIONER/ACCUSED NO.1 ------------------------------------------- PREMAN, AGED 49 YEARS, S/O.RAMAN, CHOONDAL HOUSE, ERAVATHOOR, KAKKULASSERY. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.NOBLE MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-= B.A. No. 1974 of 2010 =-=-=-=-=-=-=-=-= Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by the first accused in Crime No.342/2010 of Irinjalakkuda Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he along with accused 2 and 3 were found transporting about 472 litres of spirit in a car bearing Reg. No.KL-7/E-8478 on 24.3.2010 at 2 A.M, at Pulloor Junction and thereby committed offence punishable under Section 55 (a) of Abkari Act. 3. The petitioner was arrested on the spot and is in remand thereafter. Bail Application filed by the petitioner before the Magistrate was dismissed. 4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that he was arrested from his house, that the petitioner is a heart patient and also suffering from acute diabetics and that therefore he B.A. No. 1974/ 2010 2 may be released on bail. 5. Notice given to the learned Public Prosecutor. This petition is vehemently opposed by the learned Public Prosecutor. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 7. For the following reasons, I am inclined to grant bail to the petitioner. Copy of the Medical certificate produced along with the petition shows that the petitioner is undergoing treatment for heart disease and is a diabetic. He is aged 49. Further he is in remand from 24.3.2010 onwards. The learned Public Prosecutor has submitted that the investigation is almost over. Therefore, I feel that this is a fit case in which bail can be granted to the petitioner on conditions. 8. 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 B.A. No. 1974/ 2010 3 trial court on the following conditions:- 1) The petitioner shall report before the Investigating Officer at 10 A.M on all Mondays and Fridays. 2) The petitioner shall not commit any offence similar in nature while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. In case of violation of any of the aforesaid conditions, the lower court can cancell his bail. P.Q. BARKATH ALI, JUDGE. dmb