IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6795 of 2008(B) -------------------------------------- AGAINST THE ORDER DATED / / IN LP. 84 /2004 IN CP.209/2008 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.379/2001 OF EZHUKONE POLICE STATION .................... PETITIONER/ACCUSED-A4 : --------------------------------- VIJAYAKUMAR, S/O. VISWANATHAN UPERIKUNNATHU VEEDU, KAITHACODE MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK,KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6795 OF 2008 ------------------------------ Dated this the 6th day of November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(g) and 8(2) of Abkari Act. According to prosecution, petitioner along with other accused were found in possession of 80 litres of wash and 5 litres of arrack on 12.11.2001. The petitioner could not be arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner is fourth accused in the crime. He was working in Bombay for a long period and when he came to his native place, he came to know that he is involved in an Abkari case. Hence he surrendered before Magistrate court and he was remanded. While he was in jail, the prosecution has not taken any steps to get his arrest recorded, on the other hand, he was released on bail and he went to the police station for reporting, in accordance with the condition imposed, he was arrested in this case. It is only he came to know that he is an accused in this case also. He has no intention to abscond. He is B.A.6795 of 2008 2 prepared to co-operate with the trial and hence, he may be granted bail, it is submitted. It is also pointed out that in the other case, he is already on bail. On hearing both sides, I find that bail can be granted on conditions. Hence, bail is granted to the petitioner on the following terms and conditions :- (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. B.A.6795 of 2008 3 (iv) The petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. Learned Magistrate is directed to expedite the proceedings, the case is being an old one. The petition is allowed. K.HEMA, JUDGE pac