IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 6713 of 2008() ----------------------------- CMP.6152/2008 of J.M.F.C.,VAIKOM CRIME NO.11/08 OF VAIKOM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- KARTHA, S/O.KANDA, AGED 75 YEARS, VADAKKEKILEZTH HOUSE, CHEMBU.P.O, VAIKOM. BY ADV. SRI.K.ANTONY JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6713 of 2008 ----------------------------------------- Dated this the 3rd November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(i) of the Abkari Act. According to prosecution, petitioner was engaged in sale of Indian made foreign liquor and 950 ml of Indian made foreign liquor was seized. The seizure was effected when the Excise officials went to the spot on getting information that petitioner was engaged in sale of Indian made foreign liquor. Petitioner was not arrested from the spot, but on enquiry, it was revealed that petitioner was engaged in sale of Indian made foreign liquor. Petitioner was arrested in connection with another crime and his arrest was recorded in this case on 14.10.2008. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner, but stringent condition may be imposed. Hence, bail is granted to 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. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. BA.6713/08 2 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.