IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Bail Appl..No. 7466 of 2008() ----------------------------- CRIME NO.42/2006 OF KELAKAM POLICE STATION .................... PETITIONER (S): 3RD ACCUSED ----------------------------------------------- PUTHANPURAYIL SASI, S/O. KORAN, KUTHUPARAMBA AMSOM, MOORIYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN SRI.M.X.ANTONY LIJO RESPONDENT(S): COMPLAINANT --------------- THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, KANNUR DIST, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7466 of 2008 --------------------------------------------- Dated this the 10th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a), (g) and (h) of Abkari Act and Rule 11A and 26 of Foreign Liquor Rules. According to prosecution, a search was conducted in the house of the first accused and 113 bottles of Indian made foreign liquor, each containing 375 ml., and 8 bottles of Indian made foreign liquor, each containing 750 ml., were seized. A crime was registered against first accused and thereafter, on investigation, it was revealed that second and the third accused have transported the articles and supplied it to the first accused and first accused concealed it in his house. 3. Learned counsel for petitioner submitted that first and second accused were granted bail and hence, petitioner may also be granted bail. 4. Petitioner is the third accused in the crime. Learned public prosecutor submitted that the first and second accused surrendered before the court and their custody were sought by the police and thereafter, they were released on bail. Therefore, he has no objection in granting bail to the petitioner. Charge is not filed. However, it is submitted that stringent conditions may be imposed while granting bail. On hearing both sides, I find that bail can be granted on stringent 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 learned Magistrate on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of police station within which crime is registered except with 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 csl