IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 7708 of 2008() ----------------------------- CRIME NO.853/2008 OF KASARGODE POLICE STATION PETITIONER/4TH ACCUSED ------------------------------- GERMAN SHERIFF, S/O. MOIDU, THEKKI.P.O, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7708 OF 2008 ------------------------------ Dated this the 9th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, accused nos.1 and 2 were found in possession of 480 litres of Karnataka made arrack in a car and those were seized. They were arrested and on investigation, it was revealed that accused nos.1 and 2 were entrusted to transport the article for the fourth accused. Third accused has entrusted work with accused nos.1 and 2. 3. Petitioner (fourth accused) surrendered before the court on 28.11.2008 and he is in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent B.A.No.7708 of 2008 2 sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not 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 pac