IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Bail Appl..No. 3597 of 2008() ----------------------------- CMP.4784/2008 of J.M.F.C.-I,NEDUMANGAD CRIME NO.4/08 OF PONMUDI POLICE STATION. PETITIONER --------------------------- BALAKRISHNAN KANI,S/O.KALAN KANI THADATHARIKATHU VEEDU, EYYAKKODU, ANAD MURI, THENNUR VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3597 of 2008 ----------------------------------------- Dated this the 9th day of June, 2008 O R D E R This petition is for bail. 2. Petitioner is the third accused. A crime is registered against him under Section 55(b) of the Abkari Act and under Section 3 read with Section 25(1)(a) of the Arms Act. Petitioner and co-accused were found engaged in distilling arrack on 10.4.2008. They were also in possession of unlicensed two guns. 3. Petitioner surrendered before the Magistrate Court on 13.5.2008 and he is in custody since then. Learned counsel for petitioner submitted that the co-accused were released on bail after about one month of detention from judicial custody. Petitioner is also in custody from 10.4.2008 onwards for same period. Recovery is effected and investigation is almost completed and in such circumstances, there is no reason to refuse bail to the co-accused, who is similarly placed. 4. Hence, bail is granted to the petitioner on the following terms and conditions: BA.3597/08 2 i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. Iii). In case the petitioner is involved in any offence of similar nature, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.