IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6901 of 2009() ------------------------------------------ AGAINST THE ORDER DATED 12/11/2009 IN CMP 6674/2009 IN CMP.7111/2009 of J.M.F.C.-II, KOLLAM CRIME NO.932/2009 OF KOTTIYAM POLICE STATION, KOLLAM. .................... PETITIONERS/ACCUSED: --------------------------------------- 1. SUBHASH KUMAR, AGED 36 YEARS, S/O.CHANDRAN NAIR, KUDIYIRICKAL VEEDU, NOCHIRA DESOM, ALUVA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. 2. BINU, S/O.RAMASWAMY, VELLATHARA VEEDU, ASHOKAPURAM, KODIKUTHUMALA, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6901 of 2009 ------------------------------------ Dated this the 30th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.932/2009 of Kottiyam Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 468 and 471 read with Section 34 of the Indian Penal Code and Section 55(a)(i) of the Abkari Act. 3. The prosecution case is the following: The police got information that spirit was being transported in a national permit lorry and it was being transferred to smaller vehicles. The police found the national permit lorry. Subsequently, a quantity of 25 litres of spirit was seized, based on the confession statement of accused No.4. On verification, it was found that Engine number and Chassis number of the national permit lorry were manipulated and forged. 4. The date of occurrence was on 30/10/2009. The petitioners were arrested on the same date. They were B.A. No. 6901/2009 2 remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam subject to the following conditions:- A) The petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 6901/2009 3 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 scm