IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Bail Appl..No. 5634 of 2008() ----------------------------- CMP.3449/2008 IN CRIME NO.56/08 OF EZHUKONE EXCISE RANGE .................... PETITIONER/3RD ACCUSED --------------------------------------- REJI, S/O.YESUDASAN, PRATHIKSHA BHAVAN, PALLIYA MURI, MULAVANA VILLAGE, KOLLAM TALUK. BY ADV. SRI. K.SIJU RESPONDENT: STATE ------------------ STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EZHUKONE EXCISE RANGE THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5634 of 2008 ------------------------------------------------- Dated this the 22nd day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2), 55(a), 55(g), 58 and 67B of Abkari Act. According to prosecution, petitioner along with other accused were found in possession of 140 litres of arrack and 20 litres of spirit on 17.5.2008. Petitioner is the third accused and he could not be arrested from the spot. 3. Petitioner was subsequently arrested on 18.8.2008. Learned counsel for the petitioner submitted that the petitioner's father died while he was in jail and he could not attend in rituals. 4. This petition is not opposed. But, it is submitted that stringent conditions may be imposed. 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. BA No.5634/08 2 (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. (iii) 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