IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2454 of 2010()
1. SHYBU.S.PAKRU, S/O.SUDARSANAN,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY THE
... Respondent
2. THE C.I. OF POLICE,
For Petitioner :SRI.T.RAVIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :27/04/2010
O R D E R
P.Q. BARKATH ALI, J.
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B.A. No. 2454 of 2010
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Dated this the 27th day of April, 2010
O R D E R
This is a bail application filed by the second
accused in Crime No.820/2009 of Neyyatinkara Police
Station under section 439 of the Cr.P.C.
2. The allegation against the petitioner is that he
along with accused 1 and 3 on 4.11.2009 at 11.30 P.M
were found transporting 980 liters of spirit in a
Toyato Qualis Car bearing Registration No.KL-
16/9911 belonging to the first accused and that on
seeing the police parties, they ran away and thereby
committed the offence punishable under Section 55
(a) and (h)of Abkari Act.
3. The petitioner was arrested on 6.4.2010. His
bail application was dismissed by the Judicial First
Class Magistrate, Neyyattinkara and thereafter he is
in remand.
4. It is alleged in the petition that accused 1 and
3 have already been released on bail by this court,
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that the petitioner is innocent of the offence alleged
against him and that if released on bail he is prepared
to abide by any conditions that may be imposed by
this court.
5. Notice given to the learned Public Prosecutor.
Heard learned counsel for the petitioner and the
learned Public Prosecutor. This petition is opposed by
the learned Public Prosecutor.
6. For the following reasons, I am inclined to
grant bail to the petitioner. The first accused has
already been released on bail by this court by order
dated 10.3.2010 in bail application No.1322/2010.
The third accused was granted bail by this court by
order dated 16.4.2010 in bail application
No.2264/2010. Further the petitioner is in remand
from 6.4.2010 onwards. The learned Public Prosecutor
submits that the investigation in this case is almost
over. That aspect the learned Public Prosecutor
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admitted that the petitioner is made an accused in
this case only on the basis of the alleged confession
statement made by the first accused. Therefore, I am
of the view that this is a fit case in which bail can be
granted to the petitioner.
7. In the result, the petition is allowed. The
petitioner shall be released on bail on his executing a
bond for Rs.25,000/- with two solvent sureties for like
sum each to the satisfaction of the lower court on the
following conditions:-
1) The petitioners shall appear before
the Investigating Officer on all
Mondays and Thursdays between
10 A.M. and 11 A.M. for two
months and thereafter on all
Mondays till final report is filed.
2) The petitioners shall not commit
similar offence while on bail.
3) The petitioners shall co-operate
with the investigation and shall
not try to influence the
prosecution witnesses or tamper
with the evidence.
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4) Petitioners shall not leave the
jurisdiction of the lower court
without prior permission.
5) If the petitioner violates any of the
conditions mentioned above, lower
court can cancel his bail.
P.Q. BARKATH ALI, JUDGE.
dmb