IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 1350 of 2010() ----------------------------- CMP.2578/2010 of J.M.F.C.-III,NEYYATTINKARA CRIME NO. 672/2010 BALARAMAPURAM POLICE STATION .................... APPLICANT /4TH ACCUSED : -------------------------------- SANTHOSH, S/O. THANKAMONY, THEKKEMOOLA VEEDU, BACK SIDE OF IRUMBIL RAMESWARAM TEMPLE, IRUMBIL DESOM, NEYYATTINKARA VILLAGE. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT/COMPLAINANT : ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL,HIGH COURT BUILDING, ERNAKULAM (SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION). BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1350 of 2010 ------------------------------------ Dated this the 19th 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.4 in Crime No. 672/2009 of Balaramapuram 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 01.12.2009, accused Nos. 1 and 2 were found transporting a quantity of 175 litres of spirit in an autorickshaw. The petitioner, accused No.4, was piloting the autorickshaw in another vehicle. The petitioner was arrested on 20.02.2010 and he was remanded to judicial custody. 4. 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 of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like B.A. No. 1350 / 2010 2 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. 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 ln