IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 589 of 2009() ---------------------------------- CR.NO.42/2002 OF NEYYATTINKARA EXCISE RANGE PETITIONER/ACCUSED : ----------------------------- ASOKAN, S/O.JAGANNATHAN, RANDUKULATHINKARA MELE PUTHEN VEEDU, CHENKALLOOR DESOM,PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT/COMPLAINANT : ------------------------------------ THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.589 OF 2009 -------------------------------- Dated this the 6th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(g) and 8(2) of Abkari Act. According to prosecution, petitioner (third accused) along with two others were found distilling arrack on 21.12.2002. All the three accused ran away and 1 litre of arrack and 20 litres of wash were seized from the place. 3. Petitioner was arrested on 20.01.2009. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He came to know that he is involved in the offence only when he was arrested. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner but, conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : B.A.No.589 of 2009 2 Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) 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