IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Bail Appl..No. 786 of 2009() ---------------------------- CMP.293/2009 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.253/08 OF POOVAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- SISUPALAN, S/O.VASU, AGED 38, MELEMANNAFA, PUTHEN VEEDU,ARANGAMUKAL,ATHIYANNOOR DESOM,ATHIYANNOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY P.PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 786 of 2009 ----------------------------------------- Dated this the 19th February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, petitioner, along with two others were found transporting 350 litres of spirit in an auto rickshaw. All of them ran away on seeing the police. Petitioner was arrested in connection with another case and the arrest in this case was recorded on 12.12.2008. 3. Learned Public Prosecutor submitted that petitioner is involved in another crime of similar nature, but he has no objection in granting bail to the petitioner and stringent condition may be imposed while granting bail. Petitioner is being in custody for more than 60 days. He is entitled for bail by default, since the charge has not been filed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to the petitioner on the following terms and conditions: BA.786/09 2 i) Petitioner shall execute a bond for Rs.25,000/- 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 Monday, Wednesday and Saturday between 10 AM and 1 PM 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 commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.