IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6152 of 2008() ----------------------------- CRMP.5867/2008 IN CRIME NO.198/2008 OF KOTTIYAM POLICE STATION .................... PETITIONER (S): ACCUSED NO.3 -------------------------------- SUBRAHMANIAN @ SUPRU, S/O. BALAKRISHNAN, THEKKEVILA PUTHEN VEEDU, NEAR EXCISE OFFICE, POCHAKKONAM CHERI, EZHUKONE VILLAGE. BY ADV. SRI.S.GIRISH SRI.HARIDAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6152 of 2008 ------------------------------------------------- Dated this the 7th day of October, 2008 O R D E R This petition is for bail. 2. According to prosecution, on 4.3.2008, at about 8.30 p.m., a vehicle was intercepted by the Sub Inspector of Police and it was found to contain spirit. A1, who is the driver, was arrested and on investigation, it was revealed that the said spirit was being transported from a garage owned by the wife of the second accused and it was in possession of the third accused by an agreement. On search of the premises of the garage, a lorry was found and 1400 litres of spirit was seized from the garage. A crime was registered under Sections 55(a)(i) and 58 of Abkari Act. Altogether there are six accused in the crime. When the vehicle was intercepted, in which the spirit was being transported, an attempt was made by the driver to commit murder of the Sub Inspector and a crime was registered under Sections 307 and 332 IPC also. 3. Petitioner is the third accused. He was arrested on 2.8.2008 and he is in custody for the past more than 60 days. The investigation is not over. In the above circumstances, it is BA No.6152/08 2 submitted by the learned public prosecutor that he has no objection in granting bail to the petitioner on stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl