IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Bail Appl..No. 7139 of 2008() ----------------------------- CMP.9605/2008 IN CRIME NO.232/08 OF POOYAPPALLY POLICE STATION .................... PETITIONER : 1ST ACCUSED ------------------------------ RAJENDRAN, S/O.SOMARAJAN, THUNDUVILATHAZHATHIL VEEDU KUDAVATTOOR MURI, VELIYAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE POOYAPPALLY POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2008, ALONG WITH BA NO. 7373 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.Nos.7139 & 7373 of 2008 --------------------------------------------- Dated this the 15th December, 2008 O R D E R These petitions are for bail. 2. The alleged offences are under Sections 8(2) of Abkari Act. According to prosecution, on 20.5.2008, at about 9.20 p.m., petitioners along with another person were found travelling in an autorickshaw and the vehicle was intercepted. All the accused ran away. A3 was driven the vehicle and A1 and A2 were the passengers. 10 cans of arrack, each containing 10 litres (100 litres) were seized from the autorickshaw. Petitioners in B.A.Nos.7139/08 and 7373/08 are accused nos.1 and 3 respectively. They were arrested on 25.10.2008 and 29.10.2008 respectively. 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioners on conditions. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence, bail is granted to the petitioners on the following terms and conditions: BA Nos.7139 & 7373/2008 2 (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioners shall not 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 csl BA Nos.7139 & 7373/2008 3