IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4893 of 2008() ----------------------------- CRMP.2642/2008 of J.M.F.C.,AMBALAPUZHA C.R.No.32/08 OF KUTTANAD EXCISE RANGE PETITIONER/ACCUSED A-2 --------------------------------------- DIVAKARAN, AGED 71 YEARS, S/O.PADMANABHAN, PUTHENCHIRA VEEDU, PUTHUKKERI MURI, EDATHUA VILLAGE, KUTTANAD TALUK. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4893 of 2008 ----------------------------------------- Dated this the 5th August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Section 8(1) and (2) of the Abkari Act. According to prosecution, 10 litres of arrack were seized from the bed room of the petitioner on 13.7.2008. Both petitioner and his wife are implicated in the offence. Petitioner is the second accused and his wife is the first accused. 3. Learned counsel for petitioner submitted that the petitioner is innocent of the allegations made. He is aged 71 years. The article seized from the nearby property was used for implicating the petitioner. He had a heart attack while he was in jail on 24.7.2008 and he was admitted in the Medical College Hospital, Alappuzha. Thereafter, for better treatment he was transferred to the Medical College Hospital at Thiruvananthapuram. 4. Considering the physical state of the petitioner, learned Public Prosecutor submitted that this application is not opposed. Hence, bail is granted to the petitioner on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on condition that he will co-operate with the investigation and report before the investigating officer as and when directed. Petition is allowed. K.HEMA, JUDGE vgs.