IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5450 of 2008(E) -------------------------------------- CRIME NO.310/2007 OF MARARIKULAM POLICE STATION, ALAPPUZHA DISTRICT .................... PETITIONER/ACCUSED NO.5 : ------------------------------------ ABDUL WAHEED, S/O. HASSAN MUHAMMED, RESIDING AT 1/160, NO. VEEDU, KOZHINJAPARA PANCHAYATH WARD NO.1, CHITOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5450 OF 2008 ------------------------------ Dated this the 5th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. The petitioner is the 5th accused in the crime. 630 litres of spirit were seized while accused Nos.1 and 2 were found transporting the same on 12.08.2007 in a Maruti Alto car. It is alleged that the petitioner was piloting the car from Pollachi to Palakkad in another car. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner, but stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. B.A.5450/2008 2 (ii) The petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. (iv) The petitioner shall not influence or intimidate any witness 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 pac