IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6850 of 2008() ----------------------------- (CRIME NO.52/2005 OF ARALAM POLICE STATION, KANNUR) PETITIONER/1ST ACCUSED: -------------------- NIDHEESH AUGUSTINE S/O.AUGUSTINE, 35 YEARS PADINJARA ADISSERY, SREEKANDAPURAM, KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- STATION HOUSE OFFICER, ARALAM POLICE STATION, KANNUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6850 of 2008 --------------------------------------------------- Dated this the 13th day of November, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, 200 litres of arrack in packets were being transported in a jeep. A1 and A2, the R.C. owner and driver of the vehicle respectively, were present in the jeep. On seeing the police, they ran away. The incident occurred on 11.8.2005. 3. Learned counsel for petitioner submitted that petitioner is implicated only because he happened to be the R.C. owner of the vehicle, but the police was not quite sure whether he is an accused or not. The incident occurred three years back and petitioner was questioned by police twice in 2005 and he was let free. He came back from abroad in 2008 and he was again called to the police station. When he went there he was implicated in the offence after questioning him. On knowing that he was implicated, he surrendered before the court on 3.10.2008. He is in custody since then. 4. Learned Public Prosecutor submitted that petitioner is in custody for the past 44 days and he has no objection in granting bail, but stringent conditions may be imposed. 5. Hence, bail is granted to petitioner on the following terms and conditions: [B.A.No.6850/08] 2 i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every Monday and Wednesday between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall surrender his passport before the Magistrate court concerned within 7 days from his release. iv) 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. Petition is allowed. K. HEMA, JUDGE. Krs.