IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 165 of 2009() ---------------------------- CMP.15710/2008 of J.M.F.C.-I, KOLLAM C.R.No.133/08 of kollam excise range PETITIONER -------------------- ANILKUMAR, S/O.GOPALAN R.P.BHAVAN, GOPALASSERI DESOM, AYATHIL CHERRY VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR KOLLAM EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 165 of 2009 ----------------------------------------- Dated this the 27th January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, petitioner was found in transporting 70 litres of spirit in an auto rickshaw on 19.12.2008 and he was arrested from the spot. 3. Learned Public Prosecutor submitted that petitioner has not involved in any other case and hence, taking into consideration the stage of investigation, he has no objection in granting bail to the petitioner. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.165/09 2 ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday 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.