IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7219 of 2008() ----------------------------- CRIME NO.13/2008 OF KUMBLA EXCISE RANGE .................... PETITIONER (S): 2ND ACCUSED -------------------------------------------- SIDDIQUE @ KOTTA SIDDIQUE, S/O. ABDUL KHADER, THALAKALA VILLAGE, MUZILA, MARUKATTA, KASARGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------------------- 1. THE INSPECTOR OF EXCISE, KUMBLA EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7219 of 2008 --------------------------------------------- Dated this the 4th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, on getting information, the Excise Party went to the place of occurrence and found A1 on the northern side of the house in possession of 240 litres of spirit and 60 litres of arrack in a packing machine. A1 was arrested from the spot and on investigation, it is revealed that the said article was supplied by the petitioner, who is accused no.2. Their house belongs to A3. 3. Petitioner was arrested on 8.10.2008 and he is in custody for the past 57 days. The investigation is not completed. 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 on stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions: BA No.7219/2008 2 (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. to 1 p.m. until further orders. (iii) 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 csl