IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Bail Appl..No. 3565 of 2010() ---------------------------------------- CRMP.1450/2010 of J.M.F.C.-I,PALAKKAD CRIME NO.432/2010 OF KASABA POLICE STATION, PALAKKAD .................... PETITIONER (S): ACCUSED --------------------------- SHIHAB, S/O.KUNJUMOHAMMED, AGED 22 YEARS KARIMKULATHU VEETTIL, CHAVAKKAD ,THRISSUR DISTRICT BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE KASABA POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3565 of 2010 ------------------------------------ Dated this the 28th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, petitioner was found in possession of 544 litres of spirit in a car on 28.04.2010 and he was arrested from the spot. 3. Petitioner's counsel submitted that petitioner is in custody for the past 62 days. Learned Public Prosecutor submitted that charge sheet is not laid and hence in the light of Section 167(2) of Code of Criminal Procedure, petitioner is entitled to be released. 4. 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 a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: B.A. No. 3565 of 2010 2 i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioner shall not leave the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioner is involved in any similar offence, his bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln