IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 445 of 2009() ---------------------------------------- (CRIME NO.662/08 OF KOYILANDY POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ JAYARAM SHETTY, S/O. GANGADHARA SHETTY, LAKSHMI VIHAR, CHAVLA KADAMBAR VILLAGE, MANACHESWARAM, NOW RESIDING AT ALWAR HOUSE, MANACHESWARAM KUNCHATHOOR. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 445 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 11th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, accused 1 and 2 were found transporting 1050 litres of spirit on 9-8-2008. They were arrested from the spot and on investigation, it is revealed that the spirit was entrusted with 1st accused by the 3rd accused for transporting to Calicut. Petitioner is 3rd accused and he was arrested on 20-12-2008. 3. Learned Public Prosecutor submitted that petitioner is in custody for the past 53 days and he has no objection in granting bail on stringent conditions. 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 between 10 a.m. and 1 p.m. until further BA 445/09 -2- orders. 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.