IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 366 of 2009() ---------------------------------------- (C.R.NO.28/2006 OF TRIPUNITHURA EXCISE RANGE) PETITIONER:ACCUSED NO.8: -------------------------------------------- VIGNESH BABU, S/O. T.K.MADHAVAN, VIKKEY NIVAS, KANNODE, KANJIKKODU, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, TRIPUNITHURA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 366 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 5th day of February, 2009 O R D E R Petition for bail. 2. The alleged offences are under sections 8(2) and 55(a) of the Abkari Act. According to prosecution, on 10-11-2006 at 8 p.m. 10,590 litres of spirit were seized from a vehicle. On investigation, it was found that petitioner who is the 8th accused made arrangements for transportation of the same from Bangalore to Kerala. 3. Petitioner was arrested on 15-12-2008. Learned Public Prosecutor submitted that considering the stage of investigation, 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 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 BA 366/2009 -2- day between 10 a.m. and 1 p.m. until further 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.