IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5976 of 2008() ----------------------------- CMP.2838/2008 of J.M.F.C.-III,KOZHIKODE CR.NO.55/08 OF CHELANNUR EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- GOPINATHAN, S/O.KUTTIADAN PARAMBATH KANDAN, AGED 40 YEARS, AMBALATHKULANGARA, CHELANNUR AMSOM, THAMARASSERY DESOM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, CHELANNUR EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5976 of 2008 ----------------------------------------- Dated this the 26th September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, petitioner was found in possession of 3 litres of arrack on 11.9.2008. He was arrested from the spot and he is in custody since then. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner. Hence, 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 and Thursday between 10 AM and 1 PM until further orders. Iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.