IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 3716 of 2010() ----------------------------- CRIME NO.19/2010 OF EXCISE RANGE, IRINJALAKKUDA, THRISSUR. (S): PETITIONER/ACCUSED NO.1 ------------------------------------------- JIBIN, S/O.THANKACHAN, THANNIYIL HOUSE, KIZHAKKUMMURIKKARA DESOM, RAMAMANGTALAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, IRINJALAKKUDA RANGE, (CRIME NO.19 OF 2010) IRINJALAKKUDA, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3716 of 2010 ---------------------------------------------- Dated 23rd June, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 67B of the Kerala Abkari Act. According to prosecution, on 21.4.2010, petitioner was found transporting 8256 litres of spirit in a lorry. Petitioner was arrested from the spot. On investigation, it is revealed that it was at the instance of second accused that he was transporting spirit. 3. Petitioner is in custody for the past 63 days. Learned Public Prosecutor submitted that charge sheet is not filed. Therefore, petitioner is entitled for bail under Section 167(2) of the Criminal Procedure Code and hence, this petition is not opposed. 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.50,000/- (Rupees fifty thousand only) with BA NO.3716/10 2 two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on alternate days between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station, within which crime is registered, except with prior permission of learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iv) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs