This is an application filed by the petitioner who is the 4th accused in Crime No.449 of 2012 of Pulikeezhu Police Station for regular bail under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 23.08.2005 the first accused with the help of the other accused persons found transporting 4725 liters of spirit in a lorry with No.KL01 AC1630 and thereby all of them have committed the offence punishable under Section 55(a) and (i) of the Kerala Abkari Act.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. Though the incident happened on 23.08.2005, he has been implicated in the case only later and he was arrested on 01.08.2014 and he is in jail from that day onwards. His custody is not required any more.
4. The application was opposed by the Public Prosecutor on the ground that the other accused persons are yet to be arrested.
5. Heard both sides and perused the case diary file.
6. It is seen from the records that the originally when the spirit was seized from the vehicle. The case was registered against the accused Nos. 1 to 5 and another 2 friends alleging offences under Section 55(a) and (i) of the Kerala Abkari Act. The crime was registered as Crime No.449 of 2012 of Pulikeezhu Police Station on 24.08.2012. The present petitioner was implicated only much later in the year 2014 as 4th accused and he was arrested on 01.08.2014 and he is in jail from that day onwards. Accused Nos. 1, 3, and 4 were arrested. Accused Nos. 1 and 3 were already granted bail. Accused Nos. 2 and 5 are yet to be arrested. But it is not a ground for denying bail to the petitioner as he is already in jail from 01.08.2014. and he is entitled to get statutory bail under Section 167(2) of the Code of Criminal Procedure. Considering the circumstances, this court feels that bail can be granted to the petitioner with some stringent conditions.
Therefore, this application is allowed on the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Thiruvalla.
(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 09.00 a.m. and 10.00 a.m. for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
(iii) The petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing him to do so till the final report is filed.
(iv) The petitioner shall not intimidate or influence the witnesses.
(v) The petitioner shall not, during the period of this bail get involve in any other offence in similar nature.
(vi) Petitioner shall surrender his passport if any before the Judicial First Class Magistrate Court-I, Thiruvalla within one week from date of his release and in case he has none, file an affidavit to that effect before that court within that time.
(vii) The petitioner shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court-I, Thiruvalla or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions the bail application is allowed.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge