IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 92 of 2009 ----- --------------------------- CMP.7325/2008 OF JUDICIAL FIRST CLASS MAGISTRATE-I, NEYYATTINKARA .................... PETITIONER/ACCUSED --------------------------------- AJITHKUMAR, S/O. NARAYANAN, KARIYCKAKAM VEEDU, POOTHAMCODE, VENPAKAL DESOM, ATHIYANNOOR, VILLAGE, NEYYATINKARA TALUK BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE, NEYYATINKARA. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.92 of 2009 ------------------------------------------ Dated, this the 14th day of January, 2009 ORDER Petition for bail. 2. Alleged offence is under Section 55(a) of the Abkari Act. According to the prosecution on 12.10.2008 at about 10.15 A.M., petitioner was found transporting 160 litres of spirit in 5 cans in an autorickshaw and vehicle was stopped on signal by the respondents. On seeing them, accused ran away abandoning the articles and those were seized from the spot. 3. Learned counsel for the petitioner submitted that, petitioner is absolutely innocent of the allegation levelled against him. He is an employee of Water Authority. He was arrested in connection with another crime on 8.11.2008 and the arrest in this case was recorded on 25.11.2008. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 6. Hence the following order is passed: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction B.A.No.92 of 2009 2 of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 2 P.M. iii) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of learned Magistrate. iv) Petitioner shall not influence or intimidate witnesses or tamper with evidence 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 vns