IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Bail Appl..No. 4222 of 2009() ----------------------------- CRIME NO.371/2008 OF KAYAMKULAM POLICE STATION .................... PETITIONER (S): ACCUSED NO.2; --------------------------------- AJAYAN @ SUMESH, AGED 29 YEARS, S/O.ANTONY, AJAYANIVAS, EASTERN SIDE OF PERUMAN KUZHIYATH MUKKU, PANAYAM P/WARD-II, PANAYAM VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4222 of 2009 --------------------------------------------- Dated this the 4th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.371 of 2008 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 24.4.2008, accused No.1 was found transporting 455 litres of spirit in a Maruti car. It is stated that the car belongs to the second accused. The second accused (petitioner) was arrested on 8.7.2009 and he was remanded to judicial custody. The petitioner relies on an agreement dated 15.2.2008 by which, according to him, the vehicle was transferred in favour of the first accused. At that time, the vehicle was not registered with the registering authority. It is submitted by the learned counsel for the petitioner that the other accused persons are on bail. 4. Learned public prosecutor submitted that in the BA No.4222/2009 2 statement given by the first accused, he has denied the execution of any such agreement. 5. It is not necessary to decide the question of genuineness of the agreement while disposing of this Bail Application. 6. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; BA No.4222/2009 3 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 csl