IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5474 of 2008() ----------------------------- CMP.5688/2008 of J.M.F.C.-I, CHENGANNUR .................... (CRIME NO.142/06 OF CHENGANNUR EXCISE RANGE) PETITIONER/ ACCUSED ------------------------------------ JAYAN, AGED 36 YEARS, S/O.JAYACHANDRAN, KANJIRAMNILKUNNATHIL VEEDU, AREEKKARA MURI, MULAKUZHA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.S.HARIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. 2. THE EXCISE INSPECTOR, CHENGANNUR. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5474 of 2008 ------------------------------------------------ Dated this the 3rd day of September, 2008. ORDER Petition for bail. 2. The alleged offence is under Sections 55(a) and 8(2) of the Abkari Act. According to prosecution, 7 litres of illicit spirit was recovered from a rubber estate on 15.7.2006. On seeing the excise party, the person, who was dealing with the article ran way. Petitioner is stated to be said person. He was arrested on 5.8.2008. 3. Learned counsel for the petitioner submitted that petitioner is absolutely innocent of the allegation. He was implicated after a long period of commission of offence. 3. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 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 learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M. and 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. Petition is allowed. K. HEMA, JUDGE. Krs.