IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3992 of 2008() ----------------------------- CMP.560/2008 of J.M.F.C.-I MUVATUPUZHA CRIME NO.494/08 OF MUVATTUPUZHA POLICE STATION PETITIONER- ---------------------------- DORAI RAJKUMAR, SON OF RAJAMMA, THAZHATHE THACHUKUNNEL VEEDU, MOOLADAM KARA, NATTAKOM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.B.ASHOK SHENOY SRI.M.S.ABDUL RAHIM RESPONDENTS: ------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3992 of 2008 ----------------------------------------- Dated this the 23rd day of June, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, the petitioner allegedly transported 525 litres of spirit in a vehicle by the petitioner on 16.4.2008. He was caught red handed. Petitioner was in custody from 16.4.2008 onwards. 3. Learned Public Prosecutor submitted that the petitioner is in custody for more than 60 days and the charge sheet has not been laid so far. Hence, the petitioner is entitled to get bail under proviso to Section 167(2) of the Code of Criminal Procedure. Petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioner shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. BA.3992/08 2 iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or get involved in any offence of similar nature while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.