IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5768 of 2008(A) ------------------------------------- CMP.4326/2008 of J.M.F.C.,NEDUMKANDOM CRIME NO.108/2008 OF CUMBEMMETTU POLICE STATION .................... PETITIONERS/ACCUSED NOS.4 AND 5 : ------------------------------------------------ 1. BIJU JOSEPH, AGED 27 YEARS, S/O. JOSEPH, THOLIANICKAL VEEDU, VALAYAR NAGAR BHAGAM KOCHARA KARA, KARUNAPURAM VILLEGE, IDUKKI DISTRICT. 2. MATHEW @ BABY, AGED 50 YEARS, S/O. SCARIA, VETTIKKATTIL VEEDU, SULTHANMEDU BHAGOM, KOCHARA KARA, KARUNAPURAM VILLEGE, IDUKKI DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR SRI.P.K.VARGHESE RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5768 OF 2008 ------------------------------ Dated this the 19th 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, petitioners along with 6 other accused found in possession of 120 litres of illicit arrack and also 5,800 litres of wash and they were engaged in the manufacture of illicit arrack. 3. Petitioners are accused Nos.4 and 5 in the crime. They were arrested on 20.07.2008. The incident occurred on 18.07.2008. The investigation is not yet over and admittedly the petitioners are entitled for bail by default. But learned Public Prosecutor submitted that stringent conditions may be imposed while granting bail. Hence, bail is granted to the petitioners on the following terms and conditions: (i) The petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each B.A.5768 of 2008 2 for like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioners shall report before the Investigating Officer on every Monday, Wednesday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. (iv) The petitioners 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