IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Bail Appl..No. 3894 of 2008() ----------------------------- CRIME NO.29/08 OF BALUSSERY EXCISE RANGE .................... PETITIONER/ ACCUSED ------------------------------------- KUMARAN, S/O.KUNHAMAN, AGED 67 YEARS, KOZHIKKODAN, KUNNUMMAL, BALUSSERY AMSOM, KOKKALLUR DESOM, KOYILANDY TALUK. BY ADV. SRI.SANTHARAM.P RESPONDENT: COMPLAINANT ------------------------ STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3894 of 2008 ------------------------------------------- Dated this the 19th day of June, 2008 ORDER This petition is for bail. 2. The alleged offence is under Sections 8(i) of Abkari Act. The accused was allegedly found in possession of 8 litres of illicit arrack. He was arrested on 22.5.2008 and he is in custody since then. 3. Learned public prosecutor pointed out that the petitioner is an accused in another case for similar offence registered in 2006. But taking into consideration, the period of detention, he submitted that he is not opposing this application, if sufficient conditions are imposed to ensure that the offence will not be repeated. 4. On hearing both sides, the petitioner is granted bail on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court, concerned. BA 3894/08 2 (ii) Petitioner shall report before the Investigating Officer on every alternate days between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of the Excise Range within which the crime is registered except with the prior permission of the learned Magistrate concerned. (iv) The petitioner shall not get involved in any offence of similar nature while on bail and if this condition is violated, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl