IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7828 of 2008() ----------------------------------- CMP.4254/2008 of J.M.F.C.-II, ERNAKULAM CRIME NO.266/2008 OF CHERANELLOOR POLICE STATION .................... PETITIONER/3RD ACCUSED : ----------------------------------- KANNAPPAN, S/O.MANI, HOUSE NO.501, ALAMPADY, KOZHINJAPARA, VADAKKEPATHY, CHITTOOR, PALAKKAD. BY ADV. SRI.K.HARILAL RESPONDENTS/COMPLAINANTS : --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHERANELLOOR POLICE STATION, PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7828 OF 2008 ------------------------------ Dated this the 8th 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 found transporting 35 litres of spirit in a car on 25.04.2008. They were arrested and on investigation, it is revealed that accused nos.3 to 5 are also involved in the crime and they made arrangements for purchase of contraband article. Petitioner is the third accused, who supplied money for purchase of the spirit. 3. Petitioner was arrested on 31.10.2008 and charge sheet has not been filed so far. Hence he is entitled for statutory bail. Learned Public Prosecutor submitted that stringent conditions may be imposed while granting bail. 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 executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate B.A.No.7828 of 2008 2 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 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. K.HEMA, JUDGE pac