IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 3917 of 2008() ----------------------------- CMP.808/2008 IN CRIME NO.37/2008 OF NOORANAD EXCISE RANGE .................... PETITIONER : ACCUSED: ------------------------- UNNI, AGED 36 YEARS, S/O.THIRUVANCHAN, CHAROOR VADACKETHIL, MATTAPPALLY MURI, PALAMEL VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.A.SHAFEEK RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, NOORANAD RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3917 of 2008 ------------------------------------------- Dated this the 4th day of July, 2008 ORDER This petition is for bail. 2. The alleged offences are under Sections 8 (i) and (ii) of Abkari Act. According to the prosecution, the petitioner was found in possession of 35 litres of arrack on 21.5.2008 and he was arrested from the spot. He is in custody since then. 3. Learned public prosecutor submitted that the petitioner is not involved in other case under Abkari Act and he has been in custody for the past 45 days. Hence, he has no objection in granting bail to the petitioner on conditions. Hence, petitioner is granted bail 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 a.m. and 1 p.m. until further orders. BA No.3917/08 2 (iii) Petitioner shall not leave the limits of the Excise Range within which the case is registered except with the previous permission of the learned Magistrate. (iv) 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