IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 6747 of 2008() ----------------------------- CMP.3749/2008 IN CRIME NO.82/08 OF EZHUKONE EXCISE RANGE .................... PETITIONER/ACCUSED - A3 ------------------------------------------- KAMAL LAL, S/O.KAMALADHARAN, VARUVILA VEEDU, IRUMPANANGADU MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6747 of 2008 --------------------------------------------- Dated this the 14th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 65 (B) of Abkari Act. According to prosecution, first and second accused were found transporting 175 litres of spirit in a Maruthi car. The first accused was arrested from the spot and second accused escaped and later, he was arrested. On questioning them, it was revealed that the spirit was transported to be given to third accused and hence, he was also implicated as an accused and arrested. Petitioner is in custody from 29.9.2008 onwards. 3. Learned public prosecutor submitted that he has no objection in granting bail on conditions. Hence, bail is granted to the petitioner 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 Magistrate Court concerned. BA No.6747/2008 2 (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of the police station within which crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not 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 BA No.6747/2008 3