IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2166 of 2010()
1. SHAN, S/O. MADHAVAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :23/04/2010
O R D E R
P.Q. BARKATH ALI, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
B.A. No. 2166 of 2010
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 23rd day of April, 2010
O R D E R
This is a bail application filed by the first accused in
Crime No. 718 of 2008 of Neyyattinkara Police Station,
Idukki District under section 439 of the Cr.P.C.
2. The allegation against the petitioner is that on
December 6, 2008 at about 9.45 p.m. he was found to be in
possession of 3 litres of spirit in a white can in a motor cycle
bearing registration No.KL-20-7141, near Arakunnu Check
post, Vazhuthoor, Neyyattinkara and on seeing the police
officials, he ran away from the spot and thereby he has
committed an offence punishable under section 55(a) of the
Abkari Act.
3. The petitioner was arrested on March 14, 2010.
The Judicial Magistrate of the I Class-I, Neyyattinkara
dismissed his bail application. Thereafter, he is in remand.
4. It is alleged in the petition that the petitioner is
innocent of the allegations levelled against him and that he
BA 2166/2010 2
is prepared to abide by any of the 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 application is opposed by the
learned Public Prosecutor.
6. The petitioner is in remand from March 14, 2010
onwards. The learned Public Prosecutor submits that the
investigation in this case is almost over and main witnesses
have already been questioned. Therefore, I feel that the
petitioner can be released on bail on conditions.
7. In the result, the application 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 petitioner shall appear before the
Investigating Officer on all Mondays
between 10 a.m. and 11 a.m.
2) The petitioner shall not commit any
BA 2166/2010 3
offence similar in nature while on bail.
3) The petitioner shall not try to influence
the prosecution witnesses or tamper
with the evidence.
4) Petitioner shall not leave the limits of
the jurisdiction of the trial court
without prior permission.
P.Q. BARKATH ALI, JUDGE.
mn