IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 22 of 2009() --------------------------- CRMP.8175/2008 of J.M.F.C.,THIRUVALLA CR.NO.79/2008 OF THIRUVALLA EXCISE RANGE : PETITIONER/ACCUSED -------------------------------------- KALESH KUMAR, KALAPPURACKAL HOUSE, VALLAMKULAM PADINJARUMURI, ERAVIPEROOR VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 22 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 12th day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(g) of the Abkari Act. According to prosecution, petitioner was found distilling arrack and from his possession 70 litres of wash and 2 litres of arrack were seized on 22-12-2008. Petitioner was arrested from the spot. 3. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not commit any offence BA 22 /08 -2- while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.