IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2839 of 2009() ----------------------------- CRIME NO.996/09 OF ALUVA POLICE STATION PETITIONER/ACCUSED NO.1; -------------------------------------------- BAIJU. T.B., AGED 31 YEARS, S/O. T.K.BALAKRISHNAN, THANIATH HOUSE, PERUVANTHANAM P.O., KODUKUTHIKARA, KOKKAYAR VILLAGE, IDUKKI DISTRICT-685 532. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.K.N.RAVEENDRAN SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.) PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2839 of 2009 ----------------------------------------- Dated this the 1st June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.996/09 of the Aluva Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that 520 litres of spirit was seized from building No.1/124 of Aluva Municipality occupied by the accused and thereby the accused committed the offence under Section 55(a) of the Abkari Act. After the petitioner was remanded to the judicial custody, he preferred a complaint before the Magistrate (Annexure A3) wherein he has averred that his wife was having illicit connection with the second accused, that the second accused is involved in other abkari offence, that the building was taken on rent by the second accused and the wife of the first accused without the BA.2839/09 2 knowledge of the petitioner and that at the time when the contraband was seized, the petitioner was in Idukki. It is stated that the petitioner is a painter by profession. The second accused is not arrested. The petitioner was arrested on 22.4.2009. He is in judicial custody even now. It is submitted by learned counsel for petitioner that there is no ground to believe that the petitioner is involved in the offence. The learned counsel also pointed out that in Annexure A3 the petitioner even maintains that his wife is involved in the offence, which, according to the counsel, would prima facie show that what is stated by him about his non involvement in the offence is true. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva, subject to the following conditions: BA.2839/09 3 A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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. 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 vgs.