IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9929 of 2011() ----------------------------- CRIME NO.422/2011 OF VAIDYANAGAR POLICE STATIONM .................... PETITIONER/ACCUSED NO.1 -------------------------------------- RAFEL D' SOUZA,S/O.WILLIAM D' SOUZA, KOLLANKAN HOUSE,ULLODI.P.O, BELA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.I.V.PRAMOD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA(S.H.O.VAIDYANAGAR POLICE STATION),REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9929 of 2011 --------------------------- Dated this the 6th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.422 of 2011 of Vaidyanagar Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 8(2) of the Abkari Act. 3. The prosecution case is the following : On 15.8.2011 at about 7.30 P.M., the police party directed to stop an autorickshaw in which the petitioner and the other accused were travelling. They did not stop. The police chased the autorickshaw. The autorickshaw was stopped and the accused ran away. A quantity of 35 litres of arrack was seized from the autorickshaw. The petitioner is the registered owner of the vehicle. It is alleged that the petitioner was driving the BA 9929/11 2 autorickshaw. The petitioner was arrested on 19.11.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner had sold the autorickshaw to one Sebastian Lobo as per Annexure II agreement dated 28th February, 2011. The learned counsel for the petitioner submitted that the petitioner sustained fracture on account of a fall from the compound wall at 3 P.M. on 15.8.2011 and he was admitted in a private hospital at Kasaragod on 15.8.2011. It is submitted that the petitioner was arrested on a mistaken impression that the petitioner was the owner of the autorickshaw at the relevant time and that he was driving the autorickshaw. 5. The learned Public Prosecutor submitted that enough materials have been collected during investigation that the petitioner was driving the autorickshaw, that he was in possession of the autorickshaw at the relevant period and that he sustained fracture while running to escape from arrest. BA 9929/11 3 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 19.12.2011. The petitioner shall be released on bail only on 19.12.2011 on his executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA 9929/11 4 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 csl