IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Bail Appl..No. 4191 of 2008() ----------------------------- CRMP.1607/2008 of I ADDL. DISTRICT COURT, KOLLAM CMP.2268/2008 of J.M.F.C.-I,KOTTARAKKARA (CRIME NO.56/2008 OF EZHUKONE EXCISE RANGE) PETITIONERS/ACCUSED NO.1 AND 2: ---------------------------- 1. SINU MON (AI) S/O.THOBIYAS, MAKONNATHU PUTHEN VEEDU, KOTTAPPURAM, MULAVANA,KOLLAM. 2. JOHNSON, S/O.CLEETUS, BIJU HOUSE, KOTTAPPURAM MURI, MULAVANA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4191 of 2008 ----------------------------------------------- Dated this the 17th day of July, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 8(1), 8(2), 55 (a), 55(g), 58 and 67B of the Kerala Abkari Act. According to prosecution, on 17.5.2008, the petitioners along with another were found transporting 140 litres of arrack, 20 litres of spirit and 595 litres of wash in an autorickshaw. The petitioners were arrested from the spot and they are in custody for the past 60 days. Hence, petitioners are entitled for bail by default under the proviso to Section 167(2) of Cr.P.C., it is submitted. 3. Learned Public Prosecutor submitted that he has no objection in granting bail since the petitioners are entitled for statutory bail. 4. Hence, bail is granted to the petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioners shall report before the Investigating Officer on every alternate day between 10 A.M. and 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. Petition is allowed. K. HEMA, JUDGE. Krs.