IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 115 of 2009() ---------------------------- CMP.7890/2008 of J.M.F.C.-I,NEYYATINKARA CRIME No. 53/2008 of THIRUPURAM EXCISE RANGE .................... ACCUSED:PETITIONER --------------------------------- DEEPU, S/O. CHANDRAN, EDATHUMMOOLA COLONY, THANNIMOOD, ATHIYANNOOR DESOM, NEYYATINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE, NEYYATINKARA. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No. 115 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of January, 2009 ORDER This petition is for bail. 2. The alleged offence is under Section 8 (2) of the Abkari Act. According to prosecution, petitioner was found transporting 5 litres of arrack on 8.12.2008. . 3. Petitioner was arrested on 21.12.2008. Learned Public Prosecutor submitted that four cases are registered against him in 2004-'07. All these cases are the Abkari Act and hence stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to the petitioner on following conditions: Hence bail is granted on the following terms and conditions: i. Petitioner shall execute bond for Rs.25,000/- (Rupees Twenty five thousand only) 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 days between 10 a.m. and 1. p.m until further orders. B.A. No. 115 of 2009 : 2 : iii. Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate iv. Petitioner shall not influence or intimidate any witnesses or tamper with evidence or 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) KMD