IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7108 of 2011 CRIME NO.471 OF 2011 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER : 4TH ACCUSED ------------------------------- GEORGEKUTTY,S/O.JOSHUA, CHARUVILAPUTHENVEEDU, MOOVOTTUKONAM,KATTAKKADA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7108 OF 2011 ------------------------------------------------------ Dated this the 5th day of September, 2011 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.4 in Crime No.471 of 2011 of Vellarada Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is the following: On 13.7.2011, local people informed the police that a Maruti car was found parked on the side of the road in suspicious circumstances. The police came to the spot. On seeing the police, accused Nos.1 and 3 escaped. Accused Nos.2 and 4 were apprehended by the police with the help of local people. On inspection of the car, a quantity of 490 litres of spirit was seized by the police. Accused Nos.2 and 4 were remanded to judicial custody. BAIL APPL. NO.7108 OF 2011 :: 2 :: 4. The learned counsel for the petitioner submitted that the petitioner is a Mechanic employed in a motor workshop. The petitioner has produced Annexures C and D to show that he is a Mechanic in City Engineers, an automobile workshop. It is stated that the Maruti car was being repaired on the side of the road by the petitioner and that he was not involved in any offence. 5. Taking into account the peculiar 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 of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class III, Neyyattinkara, 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; BAIL APPL. NO.7108 OF 2011 :: 3 :: 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 ahz/