IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1403 of 2010() ----------------------------- CMP.1300/2010 of J.M.F.C.-I,NEYYATINKARA CRIME NO.910/2009 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED: ----------------------------------- SHAJI MANOHARAN @ BINU,AGED 31 YEARS S/O.SUNDARARAJ MANOHARAN SUNDARA VILASOM, CHARALPPOTTA, NEDIYAMKODU DESOM, PARASUVAYCKAL VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING, SUB INSPECTOR, NEYYATTINKARA POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1403 of 2010 ------------------------------- Dated this the 18th 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.3 in Crime No.910/2009 of Neyyattinkara Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 55(a) & (h) of the Abkari Act. 3. The prosecution case is that on 3/12/2009, accused Nos.1 and 2 were found transporting 385 litres of spirit. Accused Nos.1 and 2 were arrested. They stated that two persons would wait at a place called Moonukal. Accused No. 3 was one among them. However, the 3rd accused (petitioner) could not be arrested on that day. The petitioner was arrested on 18/2/2010 and he was remanded to judicial custody. It is stated that accused Nos.1 and 2 were released on bail. 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 B.A. No.1403/2010 2 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 amount to the satisfaction of the Judicial Magistrate of the First Class-I, 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 and Thursdays for a period of two months and thereafter on 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 scm