IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 313 of 2009() ---------------------------- CRIME NO.140/08 OF ARYANADU EXCISE RANGE PETITIONER ------------------------------ NANDAKUMAR, S/O MURUKESAN NAIR PALLIVILAKATHU VEEDU, NEAR RC CHRISTIAN PALLY BALARAMAPURAM, PALLICHAL VILLAGE FROM PANAYIL VEEDU. MELE VETOOR DESOM,PUTHENCHANTHA VILLAGE MALAYINKIL TALUK. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, ARYANADU EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.313 of 2009 ----------------------------------------- Dated this the 23rd January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Sections 55(a) and (i) of the Abkari Act. According to prosecution, petitioner was found in possession of 525 litres of spirit on 27.11.2008. He was arrested from the spot and he is in custody for the past 57 days. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner, but stringent condition may be imposed. 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.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.313/09 2 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 leave the excise range within which the crime is registered, except with the prior permission of the learned Magistrate. iv). 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.