IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 448 of 2010() ---------------------------------------- (CRIME NO.1/2010 OF ADOOR POLICE STATION, PATHANAMTHITTA DIST.) ........ PETITIONER:ACCUSED NO.2: --------------------------------------------- UDAYAN, AGED 44 YEARS,S/O.BHASKARAN, LOTTUS VILLA, PATTOOR MURI, NOORANAD VILLAGE, ALAPPUZHA DISTRICT. BY ADV. MR.NIREESH MATHEW RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ADOOR POLICE STATION PATHANAMTHITTA DISTRICT, REPRESENTED BY UBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= B.A. No. 448 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of February, 2010 O R D E R This is an application filed under section 439 of the Code of Criminal Procedure seeking bail in relation to Crime No. 1 of 2010 of Adoor Police Station. 2. The allegation against the petitioner is that on 1-1-2010 at 00.30 hours the 1st accused was found in possession of 1610 litres of spirit and 220 litres of toddy mixed with spirit in a Wagon-R car and also in a pick-up van. The contraband articles were seized and Crime No.1 of 2010 of Adoor Police Station was registered for offences punishable under sections 55(a)(i), 57A, 58A and 65 of the Abkar Act. The petitioner was implicated on the basis of the confession statement said to have been given by the 1st accused. The petitioner is in judicial custody from 1-1- 2010 onwards. 3. According to the petitioner, the only material available against him is the confession statement of the co-accused and nothing else would connect him with the seizure. 4. The learned Public Prosecutor opposed the application. BA 448/10 2 The learned Public Prosecutor submits that there are statement of nearby toddy shop employees, which would indicate that the petitioner is actively involved in the sale of spirit. It is stated he is not an innocent as to appear. 5. The case diary was made available for perusal. I find that the main material as of now against the petitioner is the confession statement stated to have been given by the 1st accused. Of course, there are other statements of toddy shop employees to show his involvement. There is nothing to indicate that the continued detention of the petitioner is necessary for the investigation. 6. In the result, this petition is allowed as follows:- a) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial Magistrate of the First Class concerned. b) The petitioner shall appear before the Investigating Officer between 9 A.M. and 11 A.M. on all Fridays, till the final report is laid. BA 448/10 3 c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. P.BHAVADASAN, JUDGE. mn.