IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7704 of 2008() ----------------------------- CMP.7910/2008 of J.M.F.C.,VARKALA .................... (CRIME NO.743/08 OF VARKALA POLICE STATION) PETITIONER/ ACCUSED --------------------------- THILAKAN @ SHAMBU, S/O. VELAYUDHAN, AGED 36 YEARS, PUTHENVILA VEEDU, PULLANNIYODE DESOM, VARKALA VILLAGE, VARKALA POST. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, (FOR S.I OF POLICE, VARKALA POLICE STATION IN CRIME NO. 743/2008) PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ~~~~~~~~~~~~~~~~~~~~~~~~ B. A. No. 7704 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of December, 2008 O R D E R Petition for bail 2. The alleged offences are u/s 55 (a) and (i) of Abkari Act. According to the prosecution, petitioner was engaged in sale of Indian made foreign liquor in front of his shop and 5 ½ litres of IMFL were seized from his possession. Incident was occurred on 09.12.08 and petitioner was arrested on next day. 3. Learned Public Prosecutor submitted that he has no objection in granting bail. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, bail is granted to the petitioner on following terms and conditions: (i) Petitioner shall execute 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 BA 7704/08 : 2 : 10 a.m to 1 p.m until further orders. (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) KMD