IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 5167 of 2008() ----------------------------- CMP.4673/2008 of J.M.F.C.-I,ATTINGAL CRIME NO.178/05 OF ATTINGAL POLICE STATION PETITIONER/ACCUSED NO.1 ---------------------------------------- MURALEEDHARAN, S/O.SUDHAKARAN, KALIYIKKAL VILAYIL VEEDU, THACHAPALLY MURI, KEEZHTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5167 of 2008 ----------------------------------------- Dated this the 14th August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 465, 468, 471 and 34 of Indian Penal Code. According to prosecution, petitioner, along with other accused, in furtherance of common intention, forged certain documents for the purpose of using a particular lorry for transporting toddy from Palakkad to Thiruvananthapuram. 3. This crime was detected when another lorry was seized by Nemam Police and a crime was registered and the investigation was conducted in that case. 4. The crime was committed in the year 2003, but the petitioner was arrested only on 7.8.2008. He is the first accused in the crime. According to learned counsel for petitioner, petitioner was conducting abkari business in some other person's name as licensee and benami. He was active in abkari business upto the year 2004, but, in view of a tragic incident which occurred on 5.11.2004, in which petitioner's only two sons aged 5 years and 3 years died in a motor accident, petitioner stopped the abkari business. He has transformed himself and he is not involved in any abkari business thereafter. Petitioner's wife has become a mental patient thereafter. BA.5167/08 2 Taking all these facts into consideration anticipatory bail was granted to the petitioner in the case registered against the petitioner by the Nemam Police, it is submitted. The only request of the petitioner now is that taking into consideration the peculiar facts and circumstances, bail may be granted to the petitioner. 5. Learned Public Prosecutor submitted that though offence is of serious nature and some co-accused could not be arrested so far, taking into consideration the peculiar facts, he has no objection in granting bail on stringent conditions. 6. On hearing both sides, I find that bail can be granted to the petitioner. Hence, petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM until further orders. BA.5167/08 3 iii) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.