IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3087 of 2009() ----------------------------- CRIME NO.178/09 OF KASABA POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ JIJO, S/O.VARGHESE GEORGE, AGED 20 YEARS, KUTTIYARA KIZHAKKETHIL, CHERUKOLE P.O., MAVELIKKARA, ALAPPUZHA. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY SUB INSPECTOR, KASABA POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3087 of 2009 ------------------------------- Dated this the 11th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.178 of 2009 of Kasaba Police Station, Palakkad. 2. The offence alleged against the petitioner is under Section 55(a) of Abkari Act. 3. The prosecution case is that the accused persons were found engaged in transporting 560 litres of spirit in a Maruti Zen car driven by the second accused. The second accused escaped. The first accused was arrested and produced before the learned Magistrate, who remanded him to judicial custody on 26.4.2009. 4. The learned public prosecutor submitted that the investigation of the case is not over. He also submitted that registration number of the vehicle was found to be fake and that number relates a motor bike. 5. 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 BA No.3087/2009 2 of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Palakkad, 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, 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 csl BA No.3087/2009 3