IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Bail Appl..No. 7468 of 2008() ----------------------------- CRIME NO.41/2006 OF KELAKAM POLICE STATION .... PETITIONER/3RD ACCUSED:- -------------------------------------------- PUTHANPURAYIL SASI, S/O. KORAN, KUTHUPARAMBA AMSOM, MOORIYAD DESOM, THALASSERY TALUK, KANNUR DIST. BY ADV. SRI.C.P.PEETHAMBARAN SRI.M.X.ANTONY LIJO RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, KANNUR DIST, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7468 of 2008 --------------------------------------------- Dated this the 10th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act and Rule 11A and 26 of Foreign Liquor Rules. According to prosecution, police conducted search in the toilet of a Sathram attached to Kottiyur temple on getting information and seized huge quantity of Indian made foreign liquor. On investigation, it is revealed that the second and third accused had transported the said article to first accused and the article was concealed in the toilet by A1 and A2 together. 3. The crime was registered on 3.3.2006 and petitioner, who is the third accused, was arrested in connection with another crime and his arrest was recorded in this case on 16.10.2008. 556.125 litres of Indian made foreign liquor were seized (1483 bottlesx375 ml.). 4. Learned counsel for petitioner submitted that the first and the second accused were granted bail and hence, petitioner may also be granted bail. 5. Learned public prosecutor submitted that A1 and A2 surrendered before the court and their custody were sought by the police and thereafter, they were released on bail. Therefore, he has BA No.7468/2008 2 no objection in granting bail to the petitioner also especially since the charge has already been laid. However, it is submitted that stringent conditions may be imposed while granting bail. On hearing both sides, I find that bail can be granted on stringent conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of learned Magistrate on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of police station within which crime is registered except with prior permission of the learned Magistrate. (iii) 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. The petition is allowed. BA No.7468/2008 3 K.HEMA, JUDGE csl