IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3447 of 2008() ----------------------------- CRIME 91/08 OF PALIKEEZHU POLICE STATION, NOW PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE, THIRUVALLA. .................... PETITIONER: ACCUSED; ------------------------- GOPALAKRISHNAN, AGED 54 YEARS, S/O.THANKAPPAN PILLAI, PANTHRANDIL VEEDU, IRUMPANATHIL JUNCTION, NEDUMPRAM VILLAGE, THIRUVALLA. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3447 of 2008 ----------------------------------------- Dated this the 29th day of May, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(1) and (2) of the Abkari Act. Petitioner was allegedly found in possession of 500 ml of arrack in a bottle on 21.4.2008 at 6.30 am. Learned Public Prosecutor pointed out that there was another crime registered against the petitioner for offence under the Abkari Act five years back in 2003. Hence, it is likely that he will repeat the offence. This alone is the objection. 3. Learned counsel for petitioner submitted that the petitioner is in custody since 21.4.2008 onwards and he is prepared to abide by any conditions. On hearing both sides, I find that bail can be granted on the following 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 court below. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. BA.3447/08 2 iii) Petitioner shall not leave the limits of Pulikeezhu Police Station until further orders. iv). In case the petitioner is involved in any offence of similar nature, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.