IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 41 of 2010() --------------------------- CRIME NO.672/2009 OF BALARAMAPURAM POLICE STATION PETITIONER/3D ACCUSED ----------------------------------------- SHAN,S/O/MADHAVAN,PLAVILA PUTHEN VEEDU, KAITHAKOTTUKONAM,ARALUMMOODU,THALAYAL DESOM, ATHIYANNOOR VILLAGE,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION,THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.41 of 2010 --------------------------------------------- Dated this the 11th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.672 of 2009 of Balaramapuram Police Station. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is the following: On 1.12.2009, accused Nos.1 and 2 were found transporting 175 litres of spirit in an autorickshaw. On seeing the police party, they ran away abandoning the autorickshaw. On search of the vehicle, a quantity of 175 litres of spirit was found. It is stated that accused Nos.1 and 2 could not be arrested so far. The allegation against the petitioner, who is the third accused, is that at the relevant time, he was in possession of the autorickshaw as per the agreement executed between him and the previous owner of the autorickshaw. The petitioner was arrested on 7.12.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other offence of similar nature. BA No.41/2010 2 5. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, 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 a period of two months and thereafter on all Mondays, 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