IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 5924 of 2010(E) ------------------------------------------ (CRIME NO.1741/2010 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT) ................ PETITIONER/ACCUSED NO.2: ------------------------------------------ SIJO JOSEPH, S/O. JOSEPH, AGED 34 YEARS, KOLOTHUMTHARA VEEDU, KOTHAMANGALAM. BY ADV. SRI.GEORGE SEBASTIAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O., KARUNAGAPPALLY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 5924 of 2010 - - - - - - - - - - - - - - - - DATED: 7th October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No. 1741 of 2010 of Karunagappally Police Station , Kollam District for an offence punishable under Section 55(a) and (i) of the Abkari Act, seeks his enlargement on bail. Petitioner was arrested on 01-09- 2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the fact that at present the only material is that the petitioner was only a helper of the TATA ACE goods carrier in which 1000 litres of spirit was packed in five barrels carrying the label Special Match Colour Developing Solution sent from Bhivandi in Bombay to Varnam Agencies in Kazhakkuttam and there is no material to show that the petitioner was aware of the contents of the barrels and having further regard to the nature of the offence, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner from a future date. Accordingly, the petitioner is directed to be released on bail with effect from 13-10-2010 on his executing a bond for Rs. 1,00,000/- (Rupees one lakh Bail Application NO. 5924 of 2010 -:2:- only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. Karunagappally and subject to the following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3.. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 7th day of October, 2010. V.RAMKUMAR, JUDGE. ani. Bail Application NO. 5924 of 2010 -:3:-