IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Bail Appl..No. 3627 of 2010(C) ------------------------------------------ (CRIME NO. 541/2010 OF ELOOR POLICE STATION, ERNAKULAM DISTRICT) .................... PETITIONER/ACCUSED NO.1: ------------------------------------------ SAJEEV, AGED 31 YEARS, S/O. APPU, NAKKARA HOUSE, VELLAMKALLOOR KARA, VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.NIREESH MATHEW. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 3627 of 2010 ------------------------------------ Dated this the 17th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 8(2) and 55(a) of the Abkari Act. According to prosecution, on 27.05.2010 at about 3.30 P.M., petitioner (A1) along with two others were found transporting 450 litres of spirit in a car. They were caught from the spot at Kuttikattukara junction, which is within the Eloor Police Station limit. Petitioner was arrested form the spot along with other two accused. 3. Learned counsel for petitioner submitted that the petitioner was taken into custody from a place near Kodungallur, while he was travelling in a motor bike. Petitioner was driving the motor bike and he was not arrested within the limits of Eloor police, petitioner was produced before the Magistrate Court and he stated all these facts to the Magistrate and it was recorded. Petitioner's motor cycle is kept in the police station stating that it was found abandoned. According to petitioner, petitioner is aged 31 years and he had some kidney problem and both the kidneys B.A. No. 3627 of 2010 2 impaired. One kidney is transplanted and he has only one Kidney now and he is continuing treatment. 4. Certain specific medicines are prescribed for him and unless he takes those medicines, his life will be in danger, it is submitted. Though a direction was issued to the jail authorities by the learned Magistrate after being satisfied of his physical state that he must be allowed to have prescribed medicines supplied to him from the jail. He can have only certain food but the food supplied from jail is not suitable to him to his physical condition. In the above circumstances, petitioner seeks bail, only on medical ground, it is submitted. 5. It is also pointed out that second and third accused are still in custody. Police arrested petitioner on a wrong belief that, petitioner was piloting the vehicle, since petitioner and other accused belong to the same place. 6. Learned Public Prosecutor submitted that taking into consideration, the large quantity of spirit involved and serious nature of the allegations made, he opposes the bail application. However, it is pointed out that in the confession statement petitioner has stated that his kidney was transplanted. B.A. No. 3627 of 2010 3 7. On hearing both sides, I find that though allegations made against petitioner are serious in nature, on considering the peculiar physical condition of petitioner, bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln