IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 3282 of 2010() ----------------------------- CRIME NO.696/2010 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DIST. .................... PETITIONER/ACCUSED NO.7 ------------------------------------------- BINEESH @ SUDHEER, AGED 30 YEARS, S/O.ABDUL KHADER, KARIYATHIPPILI HOUSE, MATTUPURAM KARA, KARUMALOOR VILLAGE. BY ADV. SRI.NIREESH MATHEW. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No. 3282 of 2010 ------------------------------------ Dated this the 3rd day of June, 2010 O R D E R Petition for bail. 2. This is the second application for bail. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, at the instance of the first and 8th accused, A2 and A3 transported spirit in a vehicle from Coimbatore to Valappad. On the way, there was a mechanical break-down for the vehicle and as called by the first accused, 7th accused went to the spot with another vehicle and articles (665 litres) were transported in that vehicle. The vehicle was found parked near the house of the 7th accused and crime was detected. It is also the case of the prosecution that while the vehicle was driven by 7th accused, A1 and A4 to 7 were piloting the vehicle. 3. Learned counsel for petitioner submitted that 7th accused is the driver of the first accused and he acted only as instructed by first accused. He has no criminal antecedents and he was arrested on 23.04.2010, on the basis of the confession statement of first accused. He is in custody for the past 41 days. No other crime is registered against the petitioner and he B.A. No. 3282 of 2010 2 has not committed any offence. 4. This petition is not opposed. Learned Public Prosecutor submitted that he has no objection in granting bail but conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. iii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln