IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7510 of 2008() ----------------------------- CMP.14387/2008 IN CRIME NO.58/2008 OF NEYYATTINKARA EXCISE RANGE .................... PETITIONER: ACCUSED ----------------------------------- SHAJI, S/O. PRABHAKARAN, HOUSE NO. XXII/230, CHINNANVILA COLONY, KOTTUKAL DESOM,KOTTUKAL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, NEYYATTINKARA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7510 of 2008 --------------------------------------------- Dated this the 12th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(ii) of Abkari Act. According to prosecution, petitioner was found transporting 5 litres of arrack on 21.11.2008 and he was arrested from the spot. He is in custody since then. 3. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. 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 a.m. and 1 p.m. until further orders. BA No.7510/2008 2 (iii) 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 csl