IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7593 of 2008(D) ------------------------------------- CMP.4110/2008 of J.M.F.C.-II, ERNAKULAM CRIME NO.266/2008 OF CHERANELLUR POLICE STATION .................... PETITIONER/ACCUSED NO.4 : ------------------------------------ SHARJA HUSSAIN, 35 YEARS S/O.SAHIRUDEEN 10/446, MADAN MITRA BLDG, V,H.ROAD, PALAKKAD. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY THE C.I.OF POLICE, ERNAKULAM TOWN NORTH, POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7593 OF 2008 ------------------------------ Dated this the 6th day of January, 2009 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, accused nos.1 and 2 were arrested with 525 litres of spirit in a lorry. On investigation, it was revealed that this was supplied by fifth accused and accused nos.3 and 4 have worked as agents to transport this article. 3. Petitioner is fourth accused in the crime. He was arrested on 12.11.2008. The incident occurred on 25.04.2008. Learned Public Prosecutor pointed out that accused nos.1 and 2 are already on bail and hence he has no objection in granting bail to petitioner, but stringent conditions may be imposed, it is submitted. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his B.A.No.7593 of 2008 2 executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. (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 pac