IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5656 of 2008() ----------------------------- CMP.3722/2008 of J.M.F.C.-I,KOYILANDY CR.No.34/08 OF KOYILANDYEXCISE RANGE PETITIONER : ACCUSED ------------------------ MANI, S/O. KORAN, CHEROOLAKKANDI, CHEMANCHERY AMSOM, THUVVAKKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, KOYILANDY EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5656 of 2008 ----------------------------------------- Dated this the 16th September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, petitioner was found in possession of 35 litres of illicit arrack on 5.8.2008. 3. Petitioner surrendered before the court on 18.8.2008 and he is in custody since then. Learned Public Prosecutor submitted that the petitioner is involved in another crime in the year 2008 and he was convicted by the court in a case of similar nature, which was committed in the year 2003. Therefore, stringent conditions may be imposed while granting bail, it is submitted. Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. Iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.