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. 6228 of 2008() ----------------------------- AGAINST THE ORDER DATED 08/09/2008 IN CMP.5952/2008 IN CRIME NO.198/2008 OF KOTTIYAM POLICE STATION .................... PETITIONER/5TH ACCUSED. ------------------------------------------- BINOJ BASHEER, S/O.BASHEER, BHAVANAYIL KOTTAMBARA CHERRY AND VILLAGE. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- STATE OF KERALA, REPRESENTED BY 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.6228 of 2008 ------------------------------------------------- Dated this the 7th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a)(i) and 58 of Abkari Act. Petitioner is the fifth accused. A lorry was intercepted while spirit was being carried in the same. The driver A1 was arrested from the spot and on investigation, it was revealed that the spirit was being transported from a garage. On search of the garage, it was found that a lorry was there and 1400 litres of spirit was also seized from the garage. The garage is owned by the wife of the second accused and it is in possession of the third accused by way of an agreement. It was further revealed that the spirit was being transported to the garage by A5 and A6. The fifth accused is also the R.C. owner of the lorry found in the garage. 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. The incident occurred on 4.3.2008 and the petitioner was arrested on 4.8.2008. He was remanded to custody on BA No.6228/08 2 5.8.2008. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner, but, stringent conditions may be imposed. 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