IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2522 of 2008 ------------------------------------- (CRIME NO. 170/2007 OF AGALY POLICE STATION CMP.1174/2008 of J.M.F.C., MANNARKAD) .................... PETITIONER/ACCUSED NO.7 ----------------------------------------- SHIJITH C.V. @ KANNAN, S/O.VISWANATHAN, AGED 31 YEARS, CHALLIYIL VEEDU, KANJIRAM, POTTASSERY, MANNARKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJED ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008 ALONG WITH B.A NOS. 2425 OF 2008 & 2443/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.Nos.2522, 2425 & 2443 of 2008 --------------------------- COMMON ORDER These are applications for bail filed under Section 439 of the Cr.P.C. The petitioners are Accused Nos.7, 6 and 3 respectively in Crime No.170/07 of Agaly Police Station, registered for offences under Sections 55 (a) and (i) of the Abkari Act. Petitioners were arrested on 9.4.2008, 14.3.2008 and 19.3.2008 respectively and they are in custody from those days. The commodity involved in the commission of the offence is spirit and the quantity also is more than 2700 litres. Considering the period of detention already undergone by the petitioners as also the gravity of the offence committed, I am of the view that bail can be granted to the petitioners, but on very stringent conditions only. In the result, allowing this application, I order that the petitioners shall be enlarged on bail on each of them executing bail bond for BA 2522/08 & con. cases 2 Rs.40,000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate concerned. On such release, petitioners shall co-operate with the investigation in the case and shall appear before the Investigating Officer between 10 a.m. and 12 noon as also between 5 p.m. and 7 p.m. on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioners shall not get themselves involved in commission of any offences of similar nature, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town, in which they are having their permanent residence, the details of BA 2522/08 & con. cases 3 which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv