IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6506 of 2008() ----------------------------- CMP.3775/2008 of J.M.F.C., KAYAMKULAM .................... (CRIME NO.663/2007 OF KAYAMKULAM POLICE STATION) PETITIONER/13TH ACCUSED:- --------------------------------------------- DIPIN MATHEW, AGED 25 YEARS, S/O MATHEW, CHERIYA PARAMBIL VEEDU, KAVILPOTT, CHITTILANCHERI, ALATHUR, PALAKKAD. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): PETITIONER/13TH ACCUSED:- ---------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6506 of 2008 --------------------------------------------------- Dated this the 24th day of October, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 8(2) and 55(a) of the Abkari Act. According to prosecution, 10390 litres of spirit were transported in a lorry using the token issued from Malabr Cements and the said token was handed over by A13 to A8 for illegal transportation of liquor through Walayar check post. A13 is the driver who took articles from the Malabar Cements to outside using the token which was handed over to other accused for illicit transportation. 3. The crime was detected on 19.9.2007 and the petitioner was arrested on 24.8.2008 after about one year. Petitioner is in custody for the past more than 60 days. The charge-sheet has not been laid. 4. Learned Public Prosecutor submitted that though the petitioner is entitled for bail by default but taking into [B.A.No.6506/08 2 consideration the seriousness of the offence and the fact that petitioner may abscond, stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: 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 alternate day between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. 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.