IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 1020 of 2008() ----------------------------- CRIME 30/08 OF THENMALA POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3 ----------------------------------------------- 1. MICHAEL, S/O. SABARI MUTTU NADAR, DOOR NO.2T, MADATHU THERUVU STREET, SENDAMARAM, SENDAMARAM VILLAGE, THIRUNELVELI DISTRICT, TAMIL NADU STATE. 2. MUHAMMED SAID ALI, S/O. PEERU MUHAMMED, DOOR NO.6-C, PETTAI RAHUMANIA PALLIVASAL THERUVU, THELLAI VILLAGE, THIRUNELVELI DISTRICT, TAMILNADU. 3. XAVIER, S/O. ANTONY CHAMI, DOOR NO.2/45, MADATHU THERUVU, SENDAMARAM VILLAGE, THIRUNELVELI DISTRICT, TAMILNADU. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THENMALA POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1020 OF 2008 F ```````````````````````````````````````````````````` Dated this the 21st day of February, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 to 3. They were allegedly the driver, cleaner and the purchaser who were available in a lorry which was transporting 60 barrels of bitumen from Kerala to Tamil Nadu. The vehicle was intercepted at the State check post. It was alleged that the consignment did not have any requisite documents. The interception took place on 25.1.08. The seized article, the lorry and the accused were allegedly forwarded to the police. On 28.1.08, FIR was registered. The arrest of the petitioners is recorded on 31.1.08 and they were produced before the learned Magistrate on 1.2.08. They continue in custody from that date. 2. The learned counsel for the petitioners submits that even accepting the entire allegations, accused Nos.1 and 3 BA.1020/08 : 2 : are only persons who were employees in the vehicle which had to return to Tamil Nadu from Kerala. They had only innocently carried the load. The 2nd accused bona fide purchased the consignment of bitumen from A5 through A4. In any view of the matter, the petitioners, who have remained in custody from 25.1.08, may be enlarged on bail, it is prayed. 3. The learned Public Prosecutor refutes the contentions raised by the learned counsel for the petitioners but submits that the State has no objection in granting regular bail to the petitioners. 4. I am satisfied, in the facts and circumstances of the case, that the petitioners can be granted regular bail now subject to terms and conditions which shall secure the interests of a proper investigation. 5. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall execute bonds for BA.1020/08 : 3 : Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks