IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Bail Appl..No. 7530 of 2008() ----------------------------- CR.63/2008 OF HOSDURG EXCISE RANGE, KASARAGOD DISTRICT PETITIONER/ACCUSED NO.1 -------------------------------------------- DENNY C.B., AGED 30 YEARS, S/O.LATE BABY, CHERUVKALAYIVEEDU, MALLASSERY DESAM, PRAMADAM VILLAGE, KOZHANJERY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, HOSDURG EXCISE RANGE, KASARGOD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7530 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, petitioner (A1) along with 2nd accused transported 32 litres of spirit in 30 cans in a car. On seeing Excise party, 2nd accused (driver) ran away and petitioner was arrested from the spot. The incident occurred on 16-11- 2008. 3. Learned counsel for petitioner submitted that petitioner was arrested from the spot on 16-11-2008. He was only a passenger in the vehicle and he was not aware of the contents of the can and that is why he did not run away. The driver escaped, since he was aware of the nature of the articles being transported. Hence, petitioner may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that plea of innocence cannot be accepted. Petitioner is also involved in the offence. However, taking into consideration the stage of investigation, this petition is not opposed and it is submitted that condition may be imposed. 5. On hearing both sides, I am satisfied that bail can be BA7530 /08 -2- granted to petitioner on stringent conditions. 6. 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 Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not 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.