IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 6661 of 2008() ----------------------------- CRIME NO.315/2008 OF MANNAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- MANOJ KUMAR,MAVOLIL HOUSE, KANDIYOOR MURI, MAVELIKARA VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6661 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 55(a) and 8(2) of the Abkari Act. According to prosecution, on 12-7-2008, 1225 litres of spirit was seized from a house. On investigation, it is revealed that it was kept by 1st accused and the house is in possession of 2nd accused, who had taken it on rent. 3. Petitioner is 2nd accused and he was arrested on 30-9- 2008. Learned counsel for petitioner submitted that petitioner will be liable only for offence under section 64-A of the Abkari Act, since, as per the allegation of prosecution, he was only permitting 1st accused to keep the spirit in the house, which is in his possession. This fact is revealed from the remand report. Therefore, petitioner may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that as per the allegations, offence under section 55(a) will lie against petitioner, but he has no objection in granting bail, on imposing stringent conditions. 3. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each BA 6661/08 -2- for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.