IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7266 of 2008(A) -------------------------------------- CMP.7795/2008 of J.M.F.C., CHENGANNUR CRIME NO.103/2008 OF CHENGANNUR EXCISE RANGE .................... PETITIONER/ACCUSED NO.1 : ------------------------------------ HARI PRASAD, S/O. GOPINATHAN PILLAI, PADMANABHA VILASOM, MULAKKUZHA MURI, MULAKKUZHA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY THE EXCISE INSPECTOR, CHENGANNUR EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2008 ALONG WITH BA 7272 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING : K.HEMA, J. ------------------------------------------ B.A. Nos.7266 & 7272 OF 2008 ------------------------------------------ Dated this the 28th day of November, 2008 O R D E R These petitions are for bail. 2. Petitioner in B.A.No.7266 of 2008 is first accused and petitioner in B.A.No.7272 of 2008 is second accused in the same crime. The alleged offences are under Sections 8(2) and 55(g) of Abkari Act. According to prosecution, petitioners were found in possession of 70 litres of wash and 2 litres of arrack. Those articles were seized from their house while they were not present in the house. 3. Learned counsel for petitioners submitted that petitioners surrendered before the Magistrate court on 06.11.2008 and they are in custody since then. 4. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. Hence, bail is granted to the petitioners on the following terms and conditions : (i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for like B.A.Nos.7266 & 7272 of 2008 2 sum to the satisfaction of the Magistrate court concerned. (ii) Petitioners shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petitions are allowed. K.HEMA, JUDGE pac