IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Bail Appl..No. 3857 of 2010() ----------------------------- C.P.NO.27/2010 OF JFCM, NEDUMKANDAM .................... (S): PETITIONER ------------------------------ NIYAS,AGED 22 Y EARS, SALIM ALIAS SALAM, PUTHUPPARAMBIL HOUSE,CHUMATHARA PO, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): --------------- 1. S.I. OF POLICE,CUMBUMMETTU POLICE STATION, IDUKKI DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, IDUKKI NARCOTIC CELL,IDUKKI DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3857 of 2010 ---------------------------------------------- Dated 9th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections . According to prosecution, on 11.6.2007, accused nos.1 and 2 were found transporting 516 litres of spirit in a Maruti car. They were arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner was granted bail as per Annexure A1 order, after completing 60 days of custody. There was a direction to appear before the Investigating Officer on Mondays and Thursdays and he was complying with the direction. After some time, in 2008, the then Investigating Officer directed petitioner to apear before him only when notice is issued. Accordingly, notices were being issued and petitioner used to appear before Investigating Officer. Annexure 8 and 9 are two such notices. 4. Later, there was a change of the Investigating Officer and a report was filed by him that petitioner violated the conditions. Petitioner did not know about the change of Investigating Officer or his need for reporting before him as per BA NO. 3857/10 2 the directions of the court in Annexure I order in the light of the instructions given by the former Investigating Officer. The petitioner has not violated any condition willfully, it is submitted. The bail was cancelled for violation of the conditions and the said order was challenged before this court. As per Annexure 5 order, this Court held that if petitioner is arrested and committed to custody, he can file a fresh bail application. Hence, petitioner surrendered before the Magistrate Court on 9.6.2010 and filed bail application. But, it was dismissed and he was remanded. Petitioner is in custody for the past 30 days. The charge sheet is already filed. 5. On hearing both sides and on going through the documents produced and on considering the various facts and circumstances, I find that bail can be granted to petitioner on conditions. However, I make it clear that this order will not stand in the way of proceeding against petitioner for breach of bail bond, in accordance with law. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the BA NO. 3857/10 3 satisfaction of the court concerned, on the following condition : Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. for a period of two months. Petition is allowed. K.HEMA, JUDGE. tgs