IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 393 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7702/2007 Dated 14/12/2007 CMP.380/2008 of J.M.F.C.-I, PUNALUR (IN CP.14/2006) CRIME NO.48/04 OF ANCHAL POLICE STATION .................... : PETITIONER/2ND ACCUSED --------------------------------------- THULASEEDHARAN, S/O.MADAVAN, PARUVELITHEKKE ATTATHU VEEDU, NEELESWARAM P.O., NADAVATHOOR VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALAN PAPALI SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA )C.P.NO.14/2006, JUDICIAL IST CLASS MAGISTRATE-I, PUNALUR), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.393 of 2008 ------------------------------------- Dated this the 24th day of January, 2008 ORDER Application for regular bail. Petitioner, the 2nd accused, faces indictment in a prosecution under the provisions of the Kerala Abkari Act. There are 3 accused persons in the case. The crux of the allegations against the accused persons is that accused 2 and 3 were transporting 1,800 litres of spirit which was supplied to them by the 1st accused in a vehicle owned and driven by the 3rd accused. The 2nd accused was also present along with the 3rd accused when the contraband article was being transported to the destination of the 2nd accused. When the vehicle was intercepted, the 3rd accused was arrested but the petitioner, the 2nd accused took to his heels and could not be apprehended. Final report was filed in 2005. The petitioner was not available. According to him, he was not aware of the case against him. He had not received any summons. He came to this Court with a prayer for anticipatory bail and by order dated 14.12.07 in B.A.No.7702 of 2007 the said application for anticipatory bail was rejected. As observed in the said order, the petitioner surrendered before the learned Magistrate on 14.01.08. B.A.No.393 of 2008 2 The petitioner was remanded to custody. He continues in custody from 14.01.08 his application for regular bail having been dismissed by the learned Magistrate. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Investigation is already complete. No purpose will be served by insisting on continued detention of the petitioner. Subject to any appropriate conditions, the petitioner may be granted regular bail, it is prayed. 3. The learned Public Prosecutor only points out that though the investigation is now complete, the petitioner has successfully avoided the long arms of law from 07.02.04 to 14.01.08. Appropriate conditions may be imposed to ensure that the petitioner shall be available for trial, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. Considering the nature and magnitude of operation as also the course of conduct adopted by the petitioner after 07.02.04, I am satisfied that appropriate and strict conditions can and ought to be imposed to ensure the presence of the petitioner for trial. B.A.No.393 of 2008 3 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.5,00,000/- (Rupees Five lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall not, without the prior permission of the court before which his case is pending, leave the Sessions Division of Kollam until further orders; iii) The petitioner shall report before the S.H.O of Anchal Police Station between 5 p.m and 6 p.m on the first and third Mondays of all English Calendar months until the case against him is finally disposed of. (R.BASANT, JUDGE) rtr/-