IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 163 of 2009() ---------------------------- CMP.6436/2008 of J.M.F.C.,KATTAKADA .................... (CRIME NO.83/08 OF EXCISE RANGE, KATTAKKADA) PETITIONER:ACCUSED: ---------------------------------------- BIJU, S/O. SUNI @ THAMPI, PONGUVILAKATHU PUTHEN VEEDU, MANNADIKONAM, MARANALLOOR DESOM, MARANALLOOR VILLAGE. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH SRI.SANTHOSH KUMAR RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 163 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of January,2009 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 transporting five litres of arrack on 16-12-2008 and he was arrested on 19-12-2008. 3. Learned Public Prosecutor submitted that petitioner is involved in four other cases from 2004 to 2007 and hence, stringent conditions may be imposed while granting bail, but he has no objection in granting bail . 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not commit any offence BA 163/2009 -2- while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.