IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7665 of 2009() --------------------------------------- CRIME NO.171/2008 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/2ND ACCUSED: ------------------------------------------ AJMAL, S/O.ABOOBACKER, PULITHAZHAYIL VEEDU, PARANTHODU PANCHAYATH, KANJIAMPALLY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.B.HARISH KUMAR RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY SUB- INSPECTOR OF POLICE, ARYANCODE, POLICE STATION, ARYANCODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7665 of 2009 ------------------------------------ Dated this the 8th day of January, 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.2 in Crime No. 171/2008 of Aryancode Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 20/8/2008, the accused persons were found transporting 770 litres of spirit in a Tavera Chevrolet Car. The petitioner could not be arrested as he ran away. The petitioner was arrested on 13/11/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner was the driver of the vehicle and the vehicle was hired by the first accused. It is stated that the second accused was not aware of the fact that spirit was inside the cans kept in the car. 5. The Bail Application was filed on 18/12/2009. The case B.A. No. 7665 /2009 2 was posted on 5/1/2010 for getting instructions. On the request made by the learned Public Prosecutor, the case was adjourned to 8/1/2010. It is submitted by the learned Public Prosecutor that though intimation was given to the Aryancode Police Station twice, no instructions were given to the learned Public Prosecutor. 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 the present stage of investigation, 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.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 B.A. No. 7665 /2009 3 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. Copy of this order shall be forwarded by the registry to the District Superintendent of Police (Rural), Thiruvananthapuram for further action. K.T. SANKARAN, JUDGE scm