IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Bail Appl..No. 5359 of 2008() ----------------------------- CRIME NO.63/2008 OF EZHUKONE EXCISE RANGE .................... PETITIONERS/ACCUSED ------------------------------------ 1. BIJU,S/O.STEPHEN,SETTLEMENT COLONY NO.8, PERAYAM MURI,MULAVUNA VILLAGE,KUNDARA, KOLLAM. 2. TOMY,S/O.SAKARIYA,MELEVILA PADINJATTATHIL VEEDU,PAVITTUMOOLA, KUMBALAM MURI,MULAVANA VILLAGE, KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT: ------------- STATE OF KERALA REP.BY THE EXCISE INSPECTOR OF EZHUKODE EXCISE RANGE, THORUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5359 of 2008 ------------------------------------------------------- Dated this the 27th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2) and 67(B) of Abkari Act. Petitioners were found in possession of 120 litres of arrack, which was purchased from the third accused. 3. Petitioners are accused nos. 1 and 2 in the crime. First petitioner was arrested on 7.6.2008 and second petitioner was arrested on 25.6.2008. They are in custody since then. 4. Learned public prosecutor submitted that the charge sheet has not been laid and hence, petitioners are entitled for statutory bail. But, stringent conditions may be imposed. Hence, bail is granted to the petitioners on the following terms and conditions: (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. BA No.5359/08 2 (iii) 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 csl