IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5678 of 2008() ------------------------------------ CRIME NO.49/2008 OF BALUSSERY EXCISE RANGE .................... PETITIONER/ACCUSED : ---------------------------- MANOHARAN, S/O.CHOYI, AGED 46 YEARS, VADAKKE PARAKKANDI, ATHOLI AMSOM, VELOOR DESOM KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, BALUSSERY EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5678 OF 2008 ------------------------------ Dated this the 16th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to the prosecution, the petitioner was found in possession of 5 litres of illicit arrack and he was arrested from the spot on 26.08.2008. 3. The petitioner is in custody from 26.08.2008 onwards. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner, but stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. B.A.5678 of 2008 2 (ii) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) The 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 pac