IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7942 of 2008() ----------------------------- CMP.5327/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.67/08 OF HOSDURG EXCISE RANGE OFFICE PETITIONER(S): ACCUSED 1 AND 2 ----------------------------------- 1. AJITH.R.D, AGED 25 YEARS, S/O. RICHARD, PALLAM HOUSE, MANJESHWARAM DESOM, KUNNATHUR VILLAGE, KASARAGOD DISTRICT. 2. ARJUN.T, AGED 19/08, S/O. ANIL PRASAD, SUNDAR NIVAS, VELLAYIL DESAM, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7942 of 2008 ----------------------------------------- Dated this the 12th January, 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, petitioners (accused 1 and 2) were found transporting 640 litres of arrack in 20 cans of 35 litres. On seeing the car and on getting the information, the signal was given to stop the car. But it did not stop and hence the car was chased by the excise officials in a jeep and it was intercepted. Accused 1 and 2 were arrested from the spot. 3. This is second application for bail. Learned counsel for petitioners submitted that the story put forward by the prosecution is highly improbable. Hence, they may be granted bail, it is submitted. Petitioners are in custody from 24.11.2008 onwards. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, taking into consideration the stage of investigation. However, stringent condition may be imposed while granting bail, it is submitted. BA.7942/08 2 5. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to 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 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the Excise range within which the crime is registered, except with prior permission of the learned Magistrate. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or 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.