IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 721 of 2009(A) ----------------------------------- CMP.1133/2009 of J.M.F.C.-I, KOLLAM CRIME NO.114/2008 OF KOLLAM EXCISE RANGE .................... PETITIONER/ACCUSED : ----------------------------- REJI, S/O.YESUDAS, PRATHEEKSHA BHAVAN, MULAVANA VILLAGE, PERAYAM CHERRY, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT/STATE : --------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, KOLLAM EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.721 OF 2009 -------------------------------- Dated this the 16th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, accused nos. 1 and 2 were found in possession of 39½ litres of arrack on 19.11.2008. Petitioner (second accused) ran away and he was arrested on 12.01.2009. First accused was arrested from the spot. 3. Learned Public Prosecutor submitted that petitioner is involved in another crime of similar nature and hence, stringent conditions may be imposed while granting bail to petitioner. But, he has no objection in granting bail. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following B.A.No.721 of 2009 2 conditions : (i) Petitioner shall report before Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner 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 pac