IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 95 of 2009() --------------------------- CMP.6146/2008 of J.M.F.C.-I,KOZHIKODE CR.NO.33/08 OF EXCISE RANGE, KOZHIKODE PETITIONER/1ST ACCUSED ------------------------------------------ PRASAD, S/O.CHATHU MADATHIL, KURUPPASSANKANDI THAMAZHAM, CHEVAYUR AMSOM,DESOM KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE, KOZHIKODE. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.95 of 2009 ----------------------------------------- Dated this the 14th January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, second accused was arrested with 375 ml of arrack, when he was found in possession of the same on 26.12.2008. But, on investigation, petitioner's involvement was revealed and a house search was made. 500 ml of arrack was seized from the house of first accused. Petitioners is first accused and he was also arrested on the same day and he is in custody since then. 3. Learned Public Prosecutor submitted that 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.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.No.95/09 2 ii) Petitioner shall report before the investigating officer on every Monday and Thursday 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.