IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5394 of 2008() ----------------------------- CMP.5201/2008 of J.M.F.C.-I, CHENGANNUR CR. NO.161/2007 OF CHENGANNUR EXCISE RANGE PETITIONER : ACCUSED: ------------------------- MOHANAN, S/O.RAMAN, NADACHANKUTTIYIL VEEDU, KUTTEMPEROOR MURI, MANNAR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5394 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September,2008 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner was found in possession of 560 litres of wash on 29-09-2007. Petitioner was not arrested from the spot. 3. The incident occurred on 29-9-2007. Petitioner surrendered on 30-7-2008 and he is in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail, but conditions may be imposed. 4. Hence, bail is granted to petitioner on the following terms and conditions:- 1) 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) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 3) Petitioner shall not commit any offence BA 5394/08 -2- while on bail and in case of breach of this condition, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. mn.