IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 5139 of 2008() ----------------------------- CMP.3373/2008 IN CRIME NO.69/08 OF KOTTARAKKARA EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- PRAKASHAN, S/O. SOMAN ASWATHY BHAVAN, PERUMKULAM MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5139 of 2008 ------------------------------------------------------- Dated this the 18th 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. According to the prosecution, petitioner was found in possession of 1 litre of arrack on 30.7.2008 and he was arrested on the same day. He is in custody since then. 3. Learned public prosecutor submitted that the petitioner was involved in four other cases in 2001, 2002, 2003 and 2005 under the Abkari Act. Therefore, if bail is granted to the petitioner, stringent condition may be imposed to prevent repetition of the crime. After hearing both sides, 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 Saturday between 10 a.m. to 1 p.m. until further orders. BA No.5139/08 2 (iii) Petitioner shall not leave the limits of the Excise Range within which the crime is registered except with previous permission of the learned Magistrate. (iv) 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