IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Bail Appl..No. 7476 of 2008() ----------------------------- CRIME NO.888/2007 OF MALAPPURAM POLICE STATION PETITIONER: 2ND ACCUSED: -------------------------------- MELEPEEDIYAKKAL NOUFAL, S/O.KUNHIMOHAMMED, THENNALA VILLAGE, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): COMPLAINANT: ----------------------------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, MALAPPURAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7476 of 2008 --------------------------------------------- Dated this the 10th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, a car was found capsized on 2.11.2007 and on enquiries made by police, it was revealed that A1 and A2 were trying to remove the car, and they abandoned the same and left. A crime was registered against them and on investigation, it was found that A1 is the owner and also the driver at the time of incident. A2 was also in possession of the spirit which was concealed in a secret chamber in the car. 19 litres of spirit was seized from the secret chamber of the car. 3. Learned counsel for petitioner submitted that petitioner was arrested on 25.10.2008 and he is in custody for the past 46 days. No specific allegation is made against him, it is submitted. 4. Learned public prosecutor submitted that he has no objection in granting bail on stringent conditions. 5. On hearing both sides, I am satisfied that bail can be BA No.7476 /2008 2 granted on stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not influence or intimidate any witness 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 csl