IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 240 of 2009() ---------------------------- CRIME NO.852/08 OF VADANAPPILLY POLICE STATION PETITIONER(S): APPLICANTS/ACCUSED NOS. 3, 4 ------------------------------------------------ 1. ABDUL SALAM, S/O.ARAKKAL MUHAMMED, KOKKALA DESOM, THRISSUR TALUK, THRISSUR VILLAGE. 2. SHAJAHAN, S/O.PILLAKODVEETTIL HANEEFA, KOLAZHI VILLAGE, THRISSUR TALUK, 3. SHIBU, S/O.VEVUKKADVEETTIL JAMES, KARAKKATTUKUNNU DESOM, MULAMTHURUTHY VILLAGE, ERNAKULAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF POLICE VADANAPPILLY. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON 20/01/2009 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 240 of 2009 ----------------------------------------- Dated this the 20th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 58 of the Abkari Act. According to prosecution, on 14.11.2008 at about 11 a.m., petitioners were found transporting 2975 litres of spirit in two vehicles. 3. Petitioners are accused 1, 3 and 4. Accused 1 and 3 were arrested from the spot and fourth accused was arrested on 18.11.2008 and they are in custody since then. Learned counsel for petitioners submitted that charge sheet has not been filed so far and hence, they are entitled for bail by default. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners, but stringent condition may be imposed while grant bail. 5. On hearing both sides, I am satisfied that petitioners are entitled for bail by default. BA.240/09 2 Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with previous permission of the learned Magistrate. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.