High Court Kerala High Court

Rajesh Joy vs State Of Kerala Represented By on 2 February, 2010

Kerala High Court
Rajesh Joy vs State Of Kerala Represented By on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7284 of 2009()


1. RAJESH JOY, AGED 30 YEARS,
                      ...  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 :02/02/2010

 O R D E R
                       K.T. SANKARAN, J.
                     ---------------------------
               B.A. Nos. 7284 & 7286 of 2009
                ------------------------------------
           Dated this the 2nd day of February, 2010


                             O R D E R

When the Bail Applications came up for hearing on

20.01.2010, the following order was passed:

“B.A.No.7284 of 2009 is filed by accused No.3,

while B.A.No.7286 of 2009 is filed by accused Nos.5 to 8

in Crime No.932 of 2009 of Kottiyam Police Station,

Kollam District, for anticipatory bail under Section 438 of

the Code of Criminal Procedure.

2. The offences alleged against the petitioners are

under Section 55(a) and (i) of the Abkari Act and

Sections 468 and 471 read with Section 34 of the Indian

Penal Code.

3. The prosecution case is that on 30.10.2009 at 3

AM, a lorry was intercepted and accused Nos.1 and 2

were arrested on the apprehension that spirit was

transported in the lorry. It is stated that accused No.4

was subsequently arrested. He disclosed that the spirit

was transported in the lorry and that the spirit belonged

to the third accused and it was transported and delivered

to accused Nos.4 to 8. It is also stated that the third

accused was also involved in the transportation of spirit.

The further case of the prosecution is that the

B.A. No. 7284 & 7286 of 2009 2

Registration Certificate and other records were

manipulated documents.

4. The learned counsel for the petitioners submitted

that the offence under Section 55 would not be attracted,

since the spirit was not seized by the police from the lorry.

According to him, unless Section 31, 32 or 34 is attracted

and a seizure is made, no offence under Section 55 would

be maintainable. For disposing of these Bail

Applications, it is not necessary to decide that contention,

since it would be premature to decide that point at this

stage. Learned counsel also submitted that in the

absence of any seizure of the contraband, mere

accusation by a co-accused against accused Nos.3 and 5

to 8 should not be the basis for implicating them in the

offence. It is submitted that there is no material to connect

the petitioners with the offence.

5. In answer, the learned Public Prosecutor

submitted that subsequently 25 litres of spirit was seized

from a place and, according to the prosecution, the spirit

was kept by accused Nos.4 and 8.

6. In the peculiar facts and circumstances of the

case, I am of the view that before disposing of the Bail

Application, an opportunity should be given to the

petitioners to appear before the investigating officer.

Accordingly, there will be a direction to the petitioners to

appear before the investigating officer at 9 AM on 27th and

28th January 2010. The petitioners shall produce a copy of

the order before the investigating officer.

B.A. No. 7284 & 7286 of 2009 3

Post on 2.2.2010.

It is submitted by the learned Public Prosecutor that

the petitioners will not be arrested until further orders in

connection with Crime No.932 of 2009 of Kottiyam Police

Station, Kollam District.”

2. It is submitted by the learned counsel for the petitioner

and the learned Public Prosecutor that the petitioner has complied

with the direction contained in the order dated 20.01.2010.

3. Taking into account the facts and circumstances of the

case, the nature of the offence and other circumstances, I am of

the view that anticipatory bail can be granted to the petitioner.

There will be a direction that in the event of the arrest of the

petitioner, the officer in charge of the police station shall release

him on bail on his executing bond for Rs.25,000/- with two

solvent sureties for the like amount to the satisfaction of the

officer concerned, subject to the following conditions:

A) The petitioner shall report before the
investigating officer between 9 A.M and 11 A.M.
on alternate 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. 7284 & 7286 of 2009 4

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 Applications are allowed to the extent indicated

above.

K.T. SANKARAN, JUDGE

ln