IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2454 of 2010() --------------------------------------- CMP.30131/2010 of J.M.F.C.-I,NEYYATINKARA CRIME NO.820/2009 OF NEYYATTINKARA POLICE STATION. .................... PETITIONER/APPLICANT/ACCUSED NO.2 ----------------------------------------------------- SHYBU.S.PAKRU, S/O.SUDARSANAN, SHINE NIVAS, MAMBAZHAKKARA DESOM, PERUMPAZHUTHOOR VILLAGE. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE C.I. OF POLICE, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2454 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the second accused in Crime No.820/2009 of Neyyatinkara Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he along with accused 1 and 3 on 4.11.2009 at 11.30 P.M were found transporting 980 liters of spirit in a Toyato Qualis Car bearing Registration No.KL- 16/9911 belonging to the first accused and that on seeing the police parties, they ran away and thereby committed the offence punishable under Section 55 (a) and (h)of Abkari Act. 3. The petitioner was arrested on 6.4.2010. His bail application was dismissed by the Judicial First Class Magistrate, Neyyattinkara and thereafter he is in remand. 4. It is alleged in the petition that accused 1 and 3 have already been released on bail by this court, 2 B.A. No. 2454 of 2010 that the petitioner is innocent of the offence alleged against him and that if released on bail he is prepared to abide by any conditions that may be imposed by this court. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. The first accused has already been released on bail by this court by order dated 10.3.2010 in bail application No.1322/2010. The third accused was granted bail by this court by order dated 16.4.2010 in bail application No.2264/2010. Further the petitioner is in remand from 6.4.2010 onwards. The learned Public Prosecutor submits that the investigation in this case is almost over. That aspect the learned Public Prosecutor 3 B.A. No. 2454 of 2010 admitted that the petitioner is made an accused in this case only on the basis of the alleged confession statement made by the first accused. Therefore, I am of the view that this is a fit case in which bail can be granted to the petitioner. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10 A.M. and 11 A.M. for two months and thereafter on all Mondays till final report is filed. 2) The petitioners shall not commit similar offence while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4 B.A. No. 2454 of 2010 4) Petitioners shall not leave the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb