IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4411 of 2008() ----------------------------- CMP.2354/2008 of J.M.F.C., KAYAMKULAM CRIME NO. 39/2008 OF KAYAMKULAM EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- SURESH, S/O.THANKAPPAN, MECHERI VEEDU, MECHERI VEEDU, VADAKKU KOCHU MURI, PUTHUPALLY VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4411 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 8(1) and (2) of the Abkari Act. According to the prosecution, the petitioner was found in possession of 1.5 litre of illicit arrack on 25-6-2008 on a public road. The petitioner was arrested on 25-6-2008 and he is in custody since then. 3. The learned Public Prosecutor submitted that the petitioner is involved in another case in 2004 (four years back) and hence condition may be imposed to ensure that the offence is not repeated and on such condition he has no objection in granting bail. 4. The petitioner is granted bail on the following terms and conditions:- 1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. 2) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. -2- 3) The petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.