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. 270 of 2009() ---------------------------- CMP.5427/2008 of J.M.F.C.-I,HOSDRUG .................... (CRIME NO.66/2008 OF EXCISE RANGE, HOSDURG) PETITIONER(S): ACCUSED: ------------------------------------------- M.K. SHAMEER, AGED 24 YEARS, S/O. M.K. KOYA, KUNHIPURAYIL, CHAVASSERY, MATTANNUR. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. EXCISE RANGE, HOSDURG. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 270 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, on 24-11-2008 petitioner was found transporting 640 litres of spirit in a vehicle. 3. Learned counsel for petitioner submitted that this is the second application for bail. Petitioner was arrested from the spot on 24-11-2008 and he is in custody for the past 59 days . He also submitted that charge sheet has not been laid so far. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. BA 270/09 -2- 2) 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. 3) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.