IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7393 of 2008() ----------------------------- CR.64/2007 of J.M.F.C. - I, KARUNAGAPPALLY (C.R.NO.64/2007 OF KARUNAGAPPALLY EXCISE RANGE) PETITIONER/ACCUSED-A5 ----------------------------------------- KAMAL LAL, AGED 30 YEARS, S/O.KAMALADHARAN, VARUVILA VEETTIL, KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 7393 of 2008 --------------------------------------------------- Dated this the 11th day of December, 2008. ORDER Petition for bail. 2. The alleged offecen is under Section 55(a) of the AbkariACt. According to prosecution, on 25.3.2007 at 11.45 p.m. A1 to A4 were arrested while they were found transpoting 1855 litres of spirit in 53 cans in a lorry. On arrest and interrogation, it was revealed that the spirit was being transported for the 5th accused, who is the petitioner herein. 3. Petitioner was arrested on 23.9.2008 in connection with another crime and his arrest is recorded in this case on 24.10.2008. Learned counsel for petitioner submitted that petitioner has been in custody for the past 78 days and he was granted bail in the other case and hence, he may be granted bail. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner on stringent conditions. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned on the following conditions: i) Petitioner shall report before the investigating officer on every alternate day between 10 a.m. and 1 p.m. until further orders. [B.A.No.7393/08] 2 ii) Petitioner shall not leave the limits of the Police Station within which crime is registered except with the previous permission of 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. Petition is allowed. K. HEMA, JUDGE. Krs.