IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Bail Appl..No. 3159 of 2008() ---------------------------------------- (CRIME NO. 170/2007 OF AGALI POLICE STATION) CMP.1323/2008 of J.M.F.C., MANNARKAD .................... PETITIONER/ ACCUSED ---------------------------------- T.C.GIREESH, S/O.T.V.CHANDRAN THUNNANIKKAL VEEDU, MUTHALA KODOM POST CHALAMKODU, THODUPUZHA, IDUKKI. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ---------------------------------------- Bail Application No. 3159 of 2008 ---------------------------------------- Dated this the 13th day of May, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioner who is the accused in C.R. No. 170 of 2007 of Agali Police Station for an offence punishable under Sec. 55 (a) of the Abkari Act, for having been found in possession of 2740 litres of spirit, seeks his enlargement on bail. Petitioner was in remand from 02.04.2008. The commodity involved in the commission of the offence is spirit and the quantity also is more than 2700 litres. Considering the period of detention already undergone by the petitioner as also the gravity of the offence committed, I am of the view that bail can be granted to the petitioner, but on very stringent conditions only. 2. In the result, allowing this application, I order that the petitioner shall be enlarged on bail by executing bail bond for Rs.40,000/-(Rupees forty thousand only) with two solvent sureties each for like sums to the satisfaction of the Magistrate concerned. B.A. No. 3159 OF 2008 2 3. On such release, the petitioner shall co-operate with the investigation in the case and shall appear before the Investigating Officer between 10 a.m. and 12 noon as also between 5 p.m. and 7 p.m. on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offences of similar nature, shall not influence or intimidate the witnesses in the case and shall not, except for purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town, in which he is having their permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. V.K.MOHANAN, Judge ttb