IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 723 of 2009() ---------------------------------------- (CRIME NO.6/2009 OF KALLOORKAD POLICE STATION) .................... PETITIONER:PETITIONER/ACCUSED: ------------------------------------------------------- BENNY SEBASTIAN, AGED 34 YEARS, S/O. DEVASSY, RESIDING AT POOVATHUMOOTIL HOUSE, ANTHINADU KARA, LALAM VILLAGE, PALA, KOTTAYAM DISTRICT. BY ADVS. MR.A.T.ANILKUMAR, MR.P.DALBI EMMANUEL RESPONDENT(S): RESPONDENT:COMPLAINANT: ------------------------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, DISTRICT COURT, ERNAKULAM, REP. BY THE SUB INSPECTOR, KALLOORKAD POLICE STATION, CRIME NO. 6/2009. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 723 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of February, 2009 O R D E R Petition for bail. 2. The alleged offences are under sections 55(a) and 58 of the Abkari Act. According to prosecution, petitioner was found transporting 90 litres of Indian Made Foreign Liquor without label of Beverages Corporation and he was arrested from the spot. Later, it is revealed that 2nd accused supplied the same to the 1st accused and the article was artificially manufactured. 3. Petitioner is the 1st accused in the crime. He was arrested on 12-1-2009. Learned Public Prosecutor submitted that 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.25,000/- 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 BA 723/2009 -2- day between 10 a.m. and 1 p.m. until further orders. 2) 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.