IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1417 of 2010 CRIME NO.547 OF 2009 OF NEYYATTINKARA POLICE STATION PETITIONERS: ACCUSD NO 1 TO 3 & 6. ----------------------------------------- 1. SABU, AGED 38 YEARS, S/O.STEEPHAN, THAZHE PLANKALA SUNIL BHAVAN, OLATHANNI,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE 2. RAJESH, AGED 29 YEARS, S/O.KUTTAPPAN, KAVITHA BHAVANIL, MELE EDAVAZHIKKARA PUTHEN VEEDU, OLATHANNI,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE 3. BINU, AGED 26 YEARS, S/O.DAMODARAN, PLALNKALA PUTHEN VEEDU, MANCHIRA ELAM PLANCHERRI, KAVALAKULAM DESOM, NEYYATTINKARA VILLAGE 4. SUBHASH, S/O.BABU, KADUTHARISSI VEEDU, BACK SIDE OF K.V.HOSPITAL, AVANAKUZHI, ATHIYANNOOR VILLAGE AND DESOM. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANT. --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1417 OF 2010 ------------------------------------------------------ Dated this the 11th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 and 6 in Crime No.547 of 2009 of Neyyattinkara Police Station. 2. The offence alleged against the petitioners is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 12.8.2009 at 2.30 AM, the accused persons were found loading a quantity of 1471 litres of spirit in two ambassador cars and in an autorickshaw. Accused No.2 was arrested on 19.1.2010 and accused Nos.1 and 3 were arrested on 22.1.2010. Accused No.6 was arrested on 6.1.2010 in connection with Crime No.215 of 2009 of Kanjiramkulam Police Station and his formal arrest was recorded in the present case on 13.1.2010. 4. The petitioners had approached this Court for bail on an B.A. NO.1417 OF 2010 :: 2 :: earlier occasion. But those applications were dismissed as per the common order dated 24.2.2010 in B.A.Nos.550, 947 and 969 of 2010. The investigation has progressed much thereafter. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Neyyattinkara, subject to the following conditions: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO.1417 OF 2010 :: 3 :: d) The petitioners 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 ahz/