IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6161 of 2008() ----------------------------- CRIME NO.671/2001 OF KUNNAMKULAM POLICE STATION .................... PETITIONER (S): 4TH ACCUSED -------------------------------------------- SAJI MON.C.D., S/O.DEVASSY, CHERIVIL HOUSE, PAYYANNUR VILLAGE KANNUR. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KUNNAMKULAM, THRISSUR, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6161 of 2008 ------------------------------------------------- Dated this the 7th day of October, 2008 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, 4095 litres of spirit was seized from a lorry. The driver ran away and the cleaner was arrested from the spot. Petitioner who is the 4th accused is alleged to be the owner of the vehicle. The incident occurred on 27.10.2001 and petitioner was arrested on 8.8.2008. 3. Learned public prosecutor submitted that the petitioner is in custody for more than 60 days and the charge sheet is not so far laid and therefore, he is entitled for bail by default. Hence, it is submitted that he has no objection in granting bail to the petitioner, but, stringent conditions may be imposed while granting bail. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with BA No.6161/08 2 two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every alternate day between 5 p.m. and 8 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 tamper with evidence, 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 csl