IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 Bail Appl..No. 5608 of 2008() ----------------------------- CRIME NO.77 OF 2008 OF NOORANADU EXCISE RANGE OFFICE. PETITIONERS/ACCUSED NOS. 2 & 3 : ------------------------------- 1. PANKAJAKSHA KURUP, S/O GOPALAKRISHNA PILLAI, THARAYIL VEEDU, CHUNAKKARA EAST, MAVELIKKARA TALUK. 2. PARAMESWARAN NAIR, S/O KRISHNAN NAIR, KOTTACKKATTU, VADAKKETHIL, VETTIYAR MURI, VETIYAR VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT/COMPLAINANT: ----------------------- KERALA STATE REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, NOORANADU THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5608 OF 2008 ------------------------------ Dated this the 15th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2) and 67(B) of Abkari Act. According to the prosecution, the petitioners along with the 1st accused were found transporting 35 litres of illicit arrack in a motor bike. The petitioners were arrested from the spot on 11.08.2008 and the 1st accused was escaped. The petitioners are in custody from 11.08.2008 onwards. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioners, but conditions may be imposed. Hence, bail is granted to the petitioners who are accused Nos.2 and 3 on the following terms and conditions: (i) The petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. B.A.5608/2008 2 (ii) The petitioners shall report before the Investigating Officer on every Monday, Wednesday and Friday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioners 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 pac