IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 7052 of 2008() ----------------------------- CRIME NO.331/2008 OF MANNAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- SADHU @ SELVAN, S/O.RAJU, AGED 42 YEARS, HOUSE NO.97, RAJAVEEDHI STREET, COIMBATORE DISTRICT, FROM 10TH LANE, NEELAGIRI GOUNDAN ESTATE 4-R40. BY ADV. SRI.VINCENT JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF MANNAR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7052 of 2008 --------------------------------------------- Dated this the 19th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 8(2) of Abkari Act. According to prosecution, on seeing the police, a van was stopped and two persons ran away. Petitioner (A1) was arrested from the spot. On search of the vehicle, it was found to contain 6195 litres of spirit. Petitioner was arrested on 6.9.2008. 3. Learned public prosecutor submitted that second accused could not be arrested so far and the investigation is not completed. Hence, charge sheet has not been laid. Therefore, petitioner is entitled for bail by default. However, petitioner belongs to Tamil Nadu and if bail is granted, he is likely to abscond. Hence, stringent conditions may be imposed, it is submitted. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA No.7052 /2008 2 (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 prior permission of the learned Magistrate. (iv) 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 csl