IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6112 of 2008() ----------------------------- CMP.4521/2008 of J.M.F.C.-III,THRISSUR C.R.No.19/07 of thrissur excise range PETITIONER: ACCUSED: ---------------------------- GOPALAKRISHNAN @ GOPALI, AGED 43 YEARS, S/O.KUNJUKUNJU, PALAKKATT HOUSE, THIRUVAMVANDUR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6112 of 2008 ----------------------------------------- Dated this the 15th October, 2008 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 has arranged transportation of 735 litres of spirit by the other accused, who were arrested along with the articles on 25.5.2007. 3. Petitioner was in custody in connection with another crime and his formal arrest in this case was recorded on 19.8.2008. Learned counsel for petitioner submitted that the co-accused are on bail. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent condition may be imposed, since petitioner involved in another case also. Hence, bail is granted to the 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. BA.6112/08 2 iii). Petitioner shall not leave the limits of the Excise range within which the crime is registered, except with the previous permission of the Magistrate Court concerned. 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.