IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 15 of 2009(B) -------------------------------------- (CRIME NO. 357/2008 OF KUMBALA POLICE STATION) .............. PETITIONER/ 1ST ACCUSED: ----------------------------------------- PUTTU NAIK, S/O.KRISHNA NAIK, LINKINADKA QUARTER, KUDARMAKALA VILLAGE, KASARAGOD. BY ADV. SRI.SURESH KUMAR KODOTH. RESPONDENT/ COMPLAINANT/ STATE: -------------------------------------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, KUMBALA POLICE STATION, KASARGOD DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. --------------------------- B.A. No.15 OF 2009 --------------------------- Dated this the 12th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, petitioner (first accused) along with second accused were found in possession of 17 bottles, each containing 180 ml. of Karnataka made Indian Made Foreign Liquor (3.060 litres in total). Petitioner was arrested from the spot and second accused ran away. He is not yet arrested. 3. Learned counsel for petitioner submitted that petitioner is in custody from 07.12.2008 onwards. 4. Learned Public Prosecutor submitted that the article was transported for the purpose of sale and hence, stringent conditions may be imposed while granting bail to petitioner. But, he has no objection in granting bail. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : B.A.No.15 of 2009 2 Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) 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 pac