IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 114 of 2009(F) ---------------------------------------- CRIME NO. 74/08 OF EXCISE RANGE, KATTAKKADA) ............ PETITIONER/ ACCUSED: ------------------------------------ VIVEKANDAN, S/O. ACHUTHA PANICKER, ANITHA NIVAS, PAPPAKODE, MARANALLOOR DESOM AND VILLAGE, NEYYATINKARA TALUK. BY ADV. SRI.M.R.SARIN. RESPONDENT: ---------------------- 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 21/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No. 114 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2009 ORDER This petition is for bail. 2. The alleged offence is under Section 55 (g) of the Abkari Act. According to prosecution, on 3.11.2008 petitioner was found engaged in manufacturing of arrack and two litres of wash and utensils were seized from his possession. 3. Petitioner was surrendered before the Investigating Officer on 9.12.2008 and he was remanded. Learned Public Prosecutor submitted that petitioner is involved in four cases of similar nature in 2005 and hence stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to the petitioner on following conditions: Hence bail is granted on the following terms and conditions: i. Petitioner shall execute bond for Rs.25,000/- (Rupees Twenty five thousand only) 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 a.m. and B.A. No. 114 of 2009 : 2 : 1. p.m until further orders. iii. Petitioner shall not leave enter the limits of the police station within which crime is registered. iv. Petitioner shall not influence or intimidate any witnesses or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. (K. HEMA, JUDGE) KMD