IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1582 of 2010() ----------------------------- CMP.951/2010 of J.M.F.C.-II,HOSDRUG CRIME NO.106/2004 OF VELLARIKUNDU POLICE STATION. .................... PETITIONER/ACCUSED: --------------------------------------- A.S.SATHEESHKUMAR @ PONNACHI S/O.SHIVARAMAN, AGED 29/04, EDATTU VEEDU, CHERPPUNGAL, PALA, KOTTAYAM DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1582 of 2010 ------------------------------------ Dated this the 18th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.106/2004 of Vellarikundu Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 19/4/2004, accused Nos.1 and 2 were found in possession of 53 packets of arrack and accused No.3 (petitioner) was found in possession of 59 packets of arrack, each packet containing 150 ml. The petitioner ran away and therefore, he could not be arrested. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 13/3/2005. However, the petitioner did not appear before the court. It is stated that after the incident, he closed down his hotel and left the place. The petitioner belongs to Kottayam. He was absconding, submits the learned Public Prosecutor. The case against the petitioner was treated as a long pending case. B.A. No. 1582/2010 2 Non-bailable warrant was issued against the petitioner. Ultimately, the petitioner was arrested on 1/3/2010. He is in judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed by the Court for granting him bail. It is submitted that the petitioner is prepared to appear before the court on all posting dates without fail. 6. 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 also the fact that charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties, who own immovable properties, each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, subject to the following conditions:- A) The petitioner shall report before the Station House Officer, Vellarikundu Police Station between 9 A.M. and 11 A.M. on first Monday of every Month, until further orders. B.A. No. 1582/2010 3 B) The petitioner shall appear before the court on all the posting dates without fail, unless the court is satisfied that the petitioner was prevented by the reasons beyond his control to appear before court. C) The petitioner shall surrender his Passport, if any, before the Judicial Magistrate of the First Class-II, Hosdurg within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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