IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Bail Appl..No. 5445 of 2008() ----------------------------- CMP.2786/2008 of J.M.F.C.-II, HARIPAD CRIME NO.72/08 OF KAYAMKULAM EXCISE RANGE PETITIONER/ACCUSED:- ------------------------------------- RAJESH, AGED 34 YEARS, S/O KARUNAKARAN, VALAKKOTTU THEKKETHIL PATHIYOOR KIZHAKKUMURI, KAYAMKULAM. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY EXCISE INSPECTOR, KAYAMKULAM RANGE. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5445 of 2008 ----------------------------------------- Dated this the 2nd September, 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 found in possession of 1 litre of Indian made foreign liquor on 18.8.2008 for sale. He was arrested on the same day and he is in custody since then. 3. Learned Public Prosecutor submitted that no crime is registered against the petitioner under the Abkari Act and hence, he has no objection in granting bail to the 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. 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.