SUNIL KUMAR C P Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 5th accused in CR No.53 of 2006 of Chirayinkeezhu Excise Range involving the carriage of 310 litres of spirit in a Maruti car on 27.10.2006, seeks anticipatory bail.

(2.) The petitioner is the registered owner of the Maruti car in question. He claimed to have transferred the vehicle to the first accused in the case on 13.10.2006 as evidenced by Annexure A1 sale agreement. The R.C. Book and other documents pertaining to the car were seized from the Maruti car itself. There is also no other circumstance prima facie indicating that the petitioner had anything to do with the transport of contraband spirit in question. Under these circumstances, I am prima facie of the view that the petitioner can be granted anticipatory bail.

(3.) Accordingly, a direction is issued to the Investigating Officer concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2.The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 3.The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4.Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above.