IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 6138 of 2008(B) ------------------------------------- CRIME NO.28/2006 OF THRIPUNITHURA EXCISE RANGE PETITIONER/ACCUSED NO.5 : ------------------------------------ SHEEN MONDY JOSE, S/O MONDY JOSE, MONDY HOUSE, PUTHENPEEDIKA, ANTHIKKAD, THRISSUR DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THRIPUNITHUR, ERNAKULAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6138 OF 2008 ------------------------------ Dated this the 13th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2) and 55(a) of the Abkari Act. According to the prosecution, petitioner is the 5th accused. The article involved is 10,590 litres of spirit. Petitioner is the person, who invested money for transportation of spirit, for whom, the article was transported by other accused. The incident occurred on 10.11.2006. 3. The petitioner was arrested only on 11.08.2008, after two years of the incident. Learned Public Prosecutor submitted that many persons are involved and the investigation takes much time. The driver and the person who were present in the lorry had ran away and they could not be arrested so far. Therefore charge sheet has not been laid and the petitioner is entitled for bail by default. It is also submitted that stringent conditions may be imposed, while granting bail. B.A.6138 of 2008 2 Hence, bail is granted to the petitioner on the following terms and conditions :- (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii)The 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 pac