IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Bail Appl..No. 2268 of 2010() ----------------------------- (C.R. NO.34/2009 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT) .................... PETITIONER/ACCUSED: ---------------------------------- SHAJI THOMAS, S/O.THOMAS, NADUTHOTTIYIL, POONJAR, THEKKEKARA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS/STATE: ---------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR.NO.34/2009) OF UDUMBANCHOLA POLICE STATION) IDUKKI DT. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No.2268 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of April, 2010 ORDER This is a bail application filed by the third accused in Crime No 34/2009 of Udumbanchola Excise Range under section 439 of Cr.P.C. 2. The allegation against the petitioner is that accused 1 and 2 were found transporting 1664 litres of spirit in a Tata mini lorry bearing Reg.No.KL-02-M 6448 along 'S' Valavu Kara in Pooppara-Bodimettu road, Pooppara Village, Udumbanchola Taluk on April 22, 2009 at about 2.A.M. and that thereby committed the offence punishable under Sections 55(a) and 67(b) of Abkari Act. Accused 1 and 2 were arrested from the spot. Petitioner is the third accused. Allegation against him is that the said mini lorry belonged to him and it was with his knowledge accused 1 and 2 transported the spirit. Petitioner was arrested on 30/03/2010 and he is in remand thereafter. His bail application was dismissed by the Judicial First Class Magistrate, Nedumkandam. 3. It is alleged in the petition that it was without his knowledge accused 1 and 2 transported the spirit, that he is suffering from some mental BA.No.2268/2010 2 disease and is undergoing treatment and that therefore he may be released on bail. 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. Case Diary is produced. Perused and returned. 6. For the following reasons, I am inclined to grant bail to the petitioner. The main allegation against the petitioner is that he is the owner of the mini lorry in which contra banned article was transported. As such there is no material to show that it was with his knowledge accused 1 and 2 transported the spirit. Further counsel for the petitioner produced the copy of his medical certificate issued from Bishop Vayalil Medical Centre, Moolamattom to show that he is undergoing treatment for Psychiatric disorder. Further he is in remand from March 10, 2010 onwards. Therefore, I feel that petitioner can be released on bail, but subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- BA.No.2268/2010 3 1) The petitioner shall appear before the Investigating Officer as and when required. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancel his bail. P.Q.BARKATH ALI JUDGE sv. BA.No.2268/2010 4