IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 516 of 2009() --------------------------------------- (CRIME NO.840 OF 2008 OF THRISSUR EAST POLICE STATION) PETITIONER (S): ACCUSED 1 AND 3: ------------------------------------------------------ 1. SANTHOSH @ KANNAN, AGED 42 YEARS, S/O. LATE RAMAKRISHNAN, POTTAKKATTIL HOUSE, MAMPULLY DESOM, KARAMUCK VILLAGE, PRESENTLY RESIDING AT PERINKAVU, THRISSUR. 2. JINESH @ KUTTAN, AGED 32 YEARS, S/O. SUKUMARAN, KORATH HOUSE, VAZHIYAMBALAM DESOM, KARIPPAMANGALAM, THRISSUR DISTRICT. BY ADV. MR.S.RAJEEV RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 840 OF 2008 OF THRISSUR EAST POLICE STATION) BY PUBLIC PROSECUTOR MR. C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 516 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 11th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, 2nd accused transported 1152 litres of spirit in a vehicle and parked in the Danya Hospital premises at Thrissur and accused 3 and 4 took the vehicle, as instructed by 1st accused. Accused nos. 1 and 5 were piloting the vehicle. On seeing the police vehicle, they abandoned the vehicle and ran away. The detection of the crime was on 24-12-2008. 3. Petitioners are accused 1 and 3 and they were arrested on 27-12-2008 and they are in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every alternate BA 516/09 -2- day between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 3) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.