IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 4890 of 2009() ----------------------------------------- (CRIME NO.246/07 OF MANJESHWAR POLICE STATION,KASARGOD DIST.) PETITIONR/ACCUSED: ------------------------------------- ABDUL JABBAR @ KABADI JABBAR, S/O. IBRAHIM, AGED 35 SHEHABA MANZIL, DHRMA NAGAR, VORKKADI VILLAGE. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 4890 of 2009 ------------------------------------ Dated this the 25th day of September, 2009 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.5 in Crime No. 246/2007 of Manjeshwar Police Station. 2. The offences alleged against the petitioner are under Sections 55 (a)(g) of the Abkari Act, Sections 126 and 135 of the Indian Electricity Act and Section 379 of the Indian Penal Code. 3. The prosecution case is that on 13.08.2007, accused Nos. 1 to 3 were found packing illicit arrack owned by accused Nos. 4 to 6. The packing was made by using a packing machine. Electricity for that purpose was allegedly stolen directly from the live electricity line. The police party seized 11,995 packets containing 100 ml each of arrack, 185 litres of spirit, empty packets, a water tank, a plastic drum, a plastic roll, packing machine and two plastic sheets etc. 4. It is submitted by the learned Public Prosecutor that accused No.1 was arrested on the spot. Accused Nos. 2 and 3 ran away from the spot. The petitioner could be arrested only on B.A. No. 4890 of 2009 2 11.08.2009 and he was remanded to judicial custody. It is also submitted by the learned Public Prosecutor that the petitioner is involved in other cases as well. The learned counsel for the petitioner submitted that the petitioner is prepared to furnish sufficient security and that he is prepared to comply with any condition that may be imposed by this court. The petitioner also undertakes to appear before the court regularly. 5. In the facts and circumstances of the case, I am inclined to grant bail on the basis of the undertaking made by the petitioner and also on stringent conditions. The petitioner shall be released on bail on his depositing a sum of Rs. 1,00,000/- before the Judicial Magistrate of the First Class-I, Kasargod and also on executing a bond for Rs. 1,00,000/- with two solvent sureties each for the like amount of the satisfaction of the judicial Magistrate of the First Class-I, Kasargod and also 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.A. No. 4890 of 2009 3 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 and the sum of Rs. 1,00,000/- deposited by the petitioner shall be liable to be forfeited. . The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln