IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 3439 of 2010() ----------------------------- CP.15/2010 of J.M.F.C.-II, ALUVA ................................... (CRIME NO.7/2010 OF EXCISE RANGE, ANGAMALY) PETITIONER(S): ACCUSED ------------------------------------ VIPIN K.MOHANAN, S/O.MOHANAN P., KUNNUPARAMBIL HOUSE, PERUMPADANNA, NORTH PARAVOOR, ERNAKULAM. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE, ANGAMALY REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.3439 of 2010 ------------------------------------ Dated this the 9th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 55 (a) and 55 (g) of the Abkari Act. According to prosecution, petitioner transported 5074 litres of spirit in his lorry on 23.02.2010. The lorry was found parked near the godown of a company at Angamally. Petitioner was arrested on 22.03.2010. 3. Petitioner is in custody for the past 74 days. Charge sheet is laid on 30.03.2010. It is submitted by the learned counsel for petitioner that petitioner is not the R.C. Owner. He was arrested on the statement given by CW5, who is the registered owner of the lorry that the lorry involved int his case was sold to the petitioner, on the strength of an agreement. 4. This petition is not opposed, since charge sheet is already laid, but stringent conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: B.A. No.3439 of 2010 2 Petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every day between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not leave the limits of the police station within which the crime is registered, except with prior permission of the learned Magistrate. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln