IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Bail Appl..No. 5229 of 2008() ----------------------------- CMP.7408/2008 IN CRIME NO.35/08 OF CHADAYAMANGALAM EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- RAJAN, S/O.VELAYUDHAN, POIKAYIL, EDAKKODE DESOM, CHADAYAMANGALAM, KOTTARAKKARA. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT: COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, CHADAYAMANGALAM EXCISE RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5229 of 2008 ------------------------------------------------------- Dated this the 26th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. The article involved is 1 litre of arrack. Petitioner was arrested on 5.8.2008 on the date of occurrence itself. He is in custody since then. 3. Learned public prosecutor submitted that there was another case against the petitioner in the year 2006 and hence, stringent condition may be imposed while granting bail. Hence, bail is granted to the 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 satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Thursday between 10 a.m. and 1 p.m. until further orders. BA No.5229/08 2 (iii) Petitioner shall not 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