IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 6704 of 2009 CRIME NO.556 OF 2009 OF PARASALA POLICE STATION PETITIONER/ACCUSED -------------------------------------- SHAJI, S/O.ULAHANNAN, AGED 40 YEARS, THYYAIPARAKALARIKKAL VEEDU, MANNARKADU DESOM, MANNARKKADU VILLAGE, PALAKKADU DISTRICT. BY ADV. SRI.R.T.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6704 OF 2009 ------------------------------------------------------ Dated this the 18th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.556 of 2009 of Parasala Police Station. 2. The offence alleged against the accused persons is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 17.9.2009, the accused persons were found transporting a quantity of 525 litres of spirit in a car. The petitioner was arrested on 17.9.2009 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that later it was revealed that the number plate of the car was fake and the car was a stolen car, for which, Crime No.565 of 2009 of Kottayam West Police Station was registered. 5. Taking into account the facts and circumstances of the B.A. NO. 6704 OF 2009 :: 2 :: 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. 6. 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 – II, 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, 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 ahz/