IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 360 of 2010()
1. RAJEEV, S/O.JUSTUS,
... Petitioner
2. RAJU, S/O.LAZAR,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/02/2010
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 360 OF 2010
------------------------------------------------------
Dated this the 8th day of February, 2010
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. Petitioners are accused Nos.2 and 3 in Crime
No.927 of 2009 of Neyyattinkara Police Station.
2. The offence alleged against the petitioners is under Section
55(a) of the Abkari Act.
3. The prosecution case is that on 7.12.2009 at 2.15 AM, the
petitioners were found transporting 525 litres of spirit in a Tata Sumo
car. When the police tried to arrest the accused, they jumped into a
river and escaped. The petitioners were arrested on 11.1.2010 and
they were remanded to judicial custody on 12.1.2010.
4. It is submitted by the learned counsel for the petitioners
that the petitioners are not involved in any other case of similar
nature. It is also submitted by the learned counsel for the petitioners
B.A. NO. 360 OF 2010
:: 2 ::
that the petitioners undertake not to commit any offence of similar
nature while on bail in the present case. The above undertaking is
recorded.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence, the present stage of
investigation and also the undertaking made by the petitioners, I am
of the view that bail can be granted to the petitioners on stringent
conditions.
6. The petitioners shall be released on bail on their executing
bond for Rs.50,000/- each with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class – I, Neyyattinkara, subject to the following conditions:
a) The petitioners shall report before the investigating
officer between 9 A.M. and 11 A.M. on all Mondays
and Thursdays for a period of three months and
thereafter, on all Mondays, till the final report is filed or
until further orders;
b) The petitioners shall appear before the investigating
officer for interrogation as and when required;
B.A. NO. 360 OF 2010
:: 3 ::
c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioners 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
ahz/