IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 185 of 2010() ---------------------------- CR NO.54/2009 OF VAMANAPURAM EXCISE RANGE PETITIONER/3RD ACCUSED ------------------------------------------ SURESH @ KOCHU, AGED 23 YEARS, S/O.RAMANAN, NADUVILAKATHU VEEDU, KULAVIYODE, AMBALATHINKALA, KULATHUMAL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, ALONG WITH B.A.NO.229/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.185 & 229 of 2010 --------------------------------------------- Dated this the 21st day of January, 2010 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. Bail Application No.185 of 2010 is filed by the third accused in CR No.54 of 2009 of Vamanapuram Excise Range. Bail Application No.229 of 2010 is filed by accused Nos.1 and 2 in that crime. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 19.12.2009, the accused persons were found transporting 40 litres of spirit in a car. The petitioners were arrested on 19.12.2009 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No.1 is involved in three other abkari cases. It is submitted that if accused No.1 is released on bail, it is most likely that he would indulge in similar criminal activities. 5. Taking into account the facts and circumstances of the BA Nos.185& 229/2010 2 case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to accused Nos.2 and 3 (Prasanth and Suresh @ Kochu). However, I am not inclined to grant bail to accused No.1 (Sambasivan @ Samban) at this stage. Accused Nos.2 and 3 shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad, subject to the following conditions: a) Accused Nos.2 and 3 shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday for a period of two months and thereafter on every Monday, till the final report is filed or until further orders; b) Accused Nos.2 and 3 shall appear before the investigating officer for interrogation as and when required; c) Accused Nos.2 and 3 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Accused Nos.2 and 3 shall not commit any offence or indulge in any prejudicial activity while on bail; BA Nos.185& 229/2010 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 dismissed in so far as it relates to accused No.1 and it is allowed in the manner indicated above in so far as it relates to accused Nos.2 and 3. K.T.SANKARAN, JUDGE csl