IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 661 of 2010()
1. VINOD, AGED 26 YEARS, S/O.
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 661 of 2010
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Dated this the 09th day of March, 2010
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.1 in C.R. No.
7/2010 of Pathanapuram Excise Range, Kollam District.
2. The offence alleged against the petitioner is under
Section 55(a) of the Abkari Act.
3. The prosecution case is that on 16.01.2010, the accused
persons were found transporting 3808 litres of spirit in a Swaraj
Mazda Lorry. It is stated that accused No.2 directed accused
No.1 to take the spirit from Shencottai to Kerala. Coconuts were
loaded in the lorry and the spirit was kept concealed in the lorry.
The lorry was intercepted at the excise check post at Aryankavu.
The petitioner was arrested on 16.01.2010 and he was remanded
to judicial custody.
4. Accused No.2 is not arrested so far. The learned Public
Prosecutor submitted that it is suspected that one more accused
is also involved in the case.
B.A. No. 661 of 2010 2
5. The petitioner is in judicial custody since 16.01.2010.
6. The learned counsel for the petitioner submitted that the
petitioner is not involved in any other case of similar nature. The
fact that accused No. 2 is not arrested, by itself is not a ground
to deny bail to accused No.1, who is in judicial custody since
16.01.2010.
7. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioner.
8. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-I, Punalur 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,
for two months and thereafter on
Mondays, till the final report is filed or
until further orders.
B) The petitioner shall appear before the
Investigating Officer for interrogation as
and when required.
B.A. No. 661 of 2010 3
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.
The Bail Application is allowed as above.
K.T. SANKARAN, JUDGE
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