IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Bail Appl..No. 4225 of 2010() -------------------------------------- CMP.5543/2010 of J.M.F.C.,IRINJALAKUDA ...................................... CRIME NO.19/10 OF EXCISE RANGE, IRINJALAKKUDA ..................................... PETITIONER (S):/ACCUSED NO.2 ------------------------------------------- JOSEPH @ TANKACHAN, S/O.JOSEPH, POONJAKKARAN HOUSE, MULLANPARA, MELOOR, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT --------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, IRINJALAKKUDA RANGE, (CRIME NO.19 OF 2010), IRINJALAKKUDA, THRISSUR. PUBLIC PROSECUTOR MR. V. TEK CHND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No. 4225 OF 2010 ----------------------------------- Dated this the 20th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under sections 55(a) and 67 B of Abkari Act. According to prosecution on 21.4.2010, first accused was found transporting 8256 liters of spirit in a lorry. He was arrested from the spot and on investigation it is revealed that it is at the instance of petitioner (A2) that first accused brought the contraband article. 3. Petitioner was arrested on 20.5.2010. He is in custody for the past 61 days. First accused is already granted bail. Charge sheet is not so far laid. Hence petitioner is entitled for bail on default, it is submitted. 4. Learned public prosecutor submitted that conditions may be imposed while granting bail to petitioner. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent B.A. No.4225/10 2 sureties each for the like amount to the satisfaction of the learned Magistrate, on following conditions: 1) Petitioner shall report before the investigating officer on every alternate days between 10 AM and 1 PM. 2) Petitioner shall not influence or intimidate the witnesses or tamper with evidence. 3) Petitioner shall not leave the limits of police station within which crime is registered without prior permission of the learned Magistrate. 3) In case petitioner is involved in other crime of similar nature, the bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. Sou.