IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5476 of 2008() ----------------------------- CMP.6041/2008 of J.M.F.C.-III,NEYYATTINKARA .................... (CRIME NO. 28/2008 OF NEYYATTINKARA EXCISE RANGE) PETITIONER/ACCUSED ----------------------------------- AJAYAKUMAR @ SAJI, S/O.SASIDHARAN, VADAKKATHIL VEEDU, KUNJUKONAM, KOTTUKAL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5476 of 2008 ------------------------------------------------ Dated this the 3rd day of September, 2008. ORDER Petition for bail. 2. The alleged offence is under section 8(2) of the of the Abkari Act. According to prosecution, petitioner was found in possession of 5 litres of arrack on 6.6.2008 and he ran away on seeing the police. 3. Learned Public Prosecutor submitted that petitioner is involved in another crime also under the Abkari Act and he was arrested from the spot. When he was in custody, his arrest was recorded in this case. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed to ensure that offence will not be repeated. 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 learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 A.M. and 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. Petition is allowed. K. HEMA, JUDGE. Krs.