IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4078 of 2008() ----------------------------- CRIME NO. 35/2008 OF KOTHAMANGALAM EXCISE RANGE PETITIOENR : ACCUSED ------------------------ PRAJEESH, AGE 26, S/O.CHANDRAN VELLACHALIL, NELLIMATTOM KARA KOTHAMANGALAM VILLAGE,KOTHAMANGALAM BY ADV. SRI.A.P.SUBHASH RESPONDENT: COMPLAINANT ------------------------ EXCISE INSPECTOR OF KOTHAMANGALAM RANGE REP, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4078 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R Application for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. Article involved is 6 litres of Indian Made Foreign Liquor. The incident occurred on 3-6-2008 and the petitioner was arrested from the spot. 3. On hearing both sides, it is clear that this is a case of mere possession of Indian Made Foreign Liquor above the permissible limit. Hence, as per a decision of this Court reported in Sabu V. State of Kerala (2003(2) KLT 173), the offence falls only under section 63 of the Abkari Act which is a bailable offence, it is submitted. Learned Public Prosecutor however submitted that the petitioner is involved in another case of similar nature and hence it is likely that he will repeat t.he offence. Considering the facts and circumstances of the case, I find that bail can be granted to the petitioner on stringent conditions. 4. The petitioner is granted bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the BA 4078/2008 -2- satisfaction of the Judicial First Class Magistrate Court, Kothamangalam on the following conditions:- 1. The petitioner shall report before the Investigating Officer on every alternate days between 10 a.m. and 1 p.m. until further orders. 2. The petitioner shall not commit any offence while on bail and in case of violation of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.