IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2813 of 2008 ( ) ------------------------------------ CRIME NO.785/07 OF ALUVA POLICE STAION .................... PETITIONER/ACCUSED NO.7 ---------------------------------- SRI.NISSAR, AGED 32 YEARS, S/O.KUNJUMUHAMMED, VELLANI HOUSE, NAD KARA, EDATHALA,ALUVA TALUK. BY ADV. SRI.K.SUNILKUMAR RESPONDENT: COMPLAINANT ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2813 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. The petitioner is the 7th accused in Crime No.785/07 of Aluva Police Station registered for offences under Sections 55(a) and 55(i) of the Abkari Act. The occurrence has taken place at about 10.30 p.m on 16/05/07 consequent on detection of certain persons unloading spirit in plastic cans from a parcel lorry in a by-lane at Kottappuram within the limits of Aluva Police Station. The petitioner's application for anticipatory bail was dismissed by the Sessions Judge, Ernakulam vide Annexures-A6 and A7 orders respectively on 11/07/07 and 01/12/07 and by this Court on 26/07/07 and on 31/08/07 vide Annexures-A8 and A9 orders. Despite rejection of all those applications for anticipatory bail, the investigating agency could not effect arrest of the petitioner for the last about one year. It is submitted that accused Nos.1, 2, 4, 5, 6, 10, 11 and 12 are already released on bail. It is in the said circumstance that the petitioner/7th B. A. No.2813 of 2008 -2- accused has moved for anticipatory bail afresh. Considering the entire circumstances of the case and considering the lapse of time within which the investigating agency could not effect arrest of the petitioner, I am of the view that the petitioner is entitled to anticipatory bail, but however imposing stringent conditions. In the result, allowing this application, I direct that the petitioner shall surrender before the Magistrate concerned positively on or before 13/5/2008 and shall deposit by way of cash security an amount of Rs.25,000/- and shall thereafter execute bail bond for Rs.25,000/- with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioner can be enlarged on bail. On such release, the petitioner shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the B. A. No.2813 of 2008 -3- Investigating Agency seeking for custodial interrogation of the petitioner, if need be, and the Magistrate granting it if deemed fit, necessary and legal. On release, the petitioner shall co-operate with the investigation in the case, shall not get himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town in which he is having his permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-