IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 6619 of 2008() ----------------------------- CMP.9443/2008 IN CRIME NO.23/2008 OF AMARAVILA EXCISE RANGE .................... PETITIONER (S): 2ND ACCUSED ---------------------------------------------- JAGADEESAN @ VELLI, AGED 43 YEARS, S/O.JANARDANAN, PARAKKOTTUKONAM CHEMMANUVILA PUTHEN VEEDU, KULATHAMAL DESOM, NEYYATTINKARA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY CIRCLE INSOPECTOR OF POLICE, AMARAVILA EXCISE RANGE. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6619 of 2008 --------------------------------------------- Dated this the 3rd November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 67B of Abkari Act. According to prosecution, first accused was found in possession of 1980 litres of spirit and the said spirit was entrusted by the second accused to him, for conducting retail sale. The first accused was arrested from the spot. On his confession statement, involvement of petitioner was also revealed. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made and the only evidence is the confession statement of first accused. Petitioner was arrested on 4.9.2008 and he has completed 60 days of detention. The charge sheet has not been filed. Hence, he is entitled for bail by default. 4. Learned public prosecutor submitted that stringent conditions may be imposed and conceded that petitioner is BA No.6619/2008 2 entitled for bail by default. 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 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of Excise Range within which the crime is registered except with prior permission of learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness 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 csl