IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6205 of 2009() --------------------------------------- CRIME NO.525/2009 OF KATTAPPANA POLICE STATION. ....................... PETITIONER/ACCUSED ---------------------------------- SHIJAS, S/O.ASHRAF, KOTTENKERIYIL HOUSE, EDAPPALLIKKARA, KANAYANNUR TALUK. BY ADV. MR.S.RAJEEV RESPONDENT/STATE ------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.525 OF 2009 OF KATTAPPANA POLICE STATION). BY PUBLIC PROSECUTOR MR.TEK CHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 6205 of 2009 ------------------------------------ Dated this the 3rd day of November, 2009 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.6 in Crime No. 525/2009 of Kattappana Police Station. 2. The offence alleged against the petitioner is under Section 8 (1)(2) of the Abkari Act. 3. The prosecution case is that on 15.09.2009, a quantity of 700 litres of rectified spirit was transported in a Wagon R Car by accused Nos. 1 and 2. The police chased the car and took the car into custody. Accused Nos. 1 and 2 ran from the spot. They were subsequently arrested. 4. Investigation revealed that the car belongs to one Subha Saurabhan, which was taken on rent by the petitioner on a rent of Rs. 600/- per day. It would appear that the car was taken on lease for a period of one month. Investigation also revealed that accused No.6 (petitioner) entrusted the vehicle to accused No.1 on a higher rent, so that the petitioner would get Rs. 150 to 200 per day. B.A. No. 6205 of 2009 2 5. The learned counsel for the petitioner submitted that the petitioner surrendered before the investigating officer on 12.10.2009 along with his father and explained everything to the investigating officer. The petitioner was arrested on 12.10.2009 and he was produced before the learned Magistrate. The petitioner is in judicial custody since then. The petitioner contents that apart from taking the car on rent, he has no complicity in the offence. He was not aware of any illegal activities being carried out by the other accused using the car. 6. The learned Public Prosecutor submitted that there are materials to indicate that the petitioner is also involved in the offence and that he was aware of the illegal activities in which accused Nos. 1 and 2 were involved. 7. 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. B.A. No. 6205 of 2009 3 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattappana 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 and Thursdays, 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. 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 ln