IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Bail Appl..No. 7340 of 2008() ----------------------------- CMP.8613/2008 IN CRIME NO.48/08 OF THIRUPURAM EXCISE RANGE .................... PETITIONERS: ACCUSED --------------------------------- 1. AJITHKUMAR, S/O.NARAYANAN, KARIKKAKATHU VEEDU, POORAMKODU, VENPAKAL DESOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. 2. SURENDRAN, S/O.LAKSHMANAN, VEKKUTHINNAKIZHAKKARUKU, MAVU ROAD, KAZHIVOOR DESOM, KANJIRAMKULAM VILLAGE. 3. BINU, S/O.VISWAMBARAN, V.P.POORAMKODU VENPAKAL DESOM, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE, NEYYATTINKARA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7340 of 2008 --------------------------------------------- Dated this the 15th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, on 8.11.2008, at about 6.30 p.m., accused nos.1 to 3 were arrested from an autorickshaw, while they were transporting 160 litres of spirit. 3. Learned public prosecutor submitted that he has no objection in granting bail to the petitioners on stringent conditions. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. 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 alternate day between 10 a.m. to 1 p.m. until further orders. BA No.7340/2008 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