IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7029 of 2009() --------------------------------------- CRIME NO.525/2009 OF KATTAPPANA POLICE STATION. PETITIONERS/ACCUSED 7 & 8 --------------------------------------------- 1. ANEESH,S/O.JOSEPH,AGED 28 YEARS, ELANJIYIL HOUSE,MUMILY KARA,KUMILY VILLAGE. 2. KARUPPAN,S/O.RAJI, AGED 34 YEARS, RESIDING AT PUTHENPURACKAL HOUSE,IST MILE, AMARAVATHY KARA,KUMILY VILLAGE. BY ADV. SRI.JOICE GEORGE RESPONDENT/ STATE: --------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009 ALONG WITH B.A. NO.7030/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 7029 & 7030 of 2009 ----------------------------------------- Dated this the 1st day of December, 2009 O R D E R These Bail Applications are filed by Aneesh and Karuppan, who are accused Nos. 7 and 8 in Crime No.525/2009 and accused Nos. 5 and 6 in Crime No.526/2009 of Kattappana Police Station. Both the cases were registered under Section 8(1)(2) of the Abkari Act. 2. The petitioners are said to be temporary watchers in a Check Post of Tamil Nadu Forest Department. 3. The prosecution case is the following: On 15/9/2009 at 2.35A.M., the Circle Inspector of Police inspected a vehicle. 700 litres of spirit was seized from that car. Two persons were arrested. On 15/9/2009 at about 7.30 A.M, the police got information that some cans are found abandoned at a place. The police party went there. They found 10 cans containing 35 litres of spirit, one can containing 2 litres of spirit and some empty cans. Crime No.526/2009 was registered in respect of that case. 4. Investigation revealed that one Manoharan decided to B.A. Nos. 7029 & 7030 of 2009 2 transport spirit from Tamil Nadu to Kerala. He planned to take the spirit in two cars through a parallel route in the forest area within the state of Tamil Nadu. He decided to bribe the forest guards. The accused approached one forest guard, namely, Balamurugan for that purpose. Balamurugan was paid some money. On his instruction, one Jayan was also approached and he was also paid money. As planned, spirit was brought in two Wagon R cars. As per the plans made sufficiently early, it is alleged that the watchers allowed the vehicles to pass through the Check Post, knowing fully well that spirit was being transported in the two Wagon R Cars. 5. In respect of the seizure of 700 litres of spirit, Crime No.525 of 2009 was registered. The petitioners were arrested on 12/10/2009 and they were remanded to judicial custody. The petitioners moved applications for bail before the learned Sessions Judge. Those applications were dismissed by the orders dated 27/10/2009, 29/10/2009 and 19/11/2009. The investigation has progressed much thereafter. 6. 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 B.A. Nos. 7029 & 7030 of 2009 3 investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rs. 25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattappana 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. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm