IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6791 of 2008() ----------------------------- (CR.NO.2266/2008 OF ALUVA POLICE STATION) PETITIONER/ACCUSED NO.1 ------------------------------------------- JISMON, AGED 30 YEARS, S/O.MOHAN, VADAKKENATT VEEDU, VALAYANCHIRANGARA, NOW RESIDING AT NR.MOSQUE, VENGOLA. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.P.A.MARTIN ROY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6791 of 2008 --------------------------------------------------- Dated this the 13th day of November, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 57A and 58 of Abkari Act. According to prosecution, a car was capsized and A1 was found in the car. 140 litres of spirit were found in the car and he was arrested. On his confession, 805 litres of spirit were seized from his house. On investigation, other accused were also added. 3. Learned Public Prosecutor submitted that petitioner was arrested on 13.9.2008 and he is in custody for the past more than 60 days, but charge-sheet has not been filed and hence he is entitled for bail by default. But, taking into consideration the seriousness of the allegations made and stage of investigation, it is submitted that stringent conditions may be imposed while granting bail. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the [B.A.No.6791/08] 2 satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. iv) 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. Petition is allowed. K. HEMA, JUDGE. Krs.