IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5841 of 2008() ------------------------------------ CP.179/2007 of J.M.F.C.,THIRUVALLA .................... APPLICANT/ACCUSED : --------------------------- JOSE ANTONY, ANCHAMKUZHIYIL VEEDU, CHEKKUBHAGOM MURI, KALLOOPPARA VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (EXCISE INSPECTOR, MALLAPPALLY EXCISE RANGE.) BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5841 OF 2008 ------------------------------ Dated this the 16th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. The petitioner allegedly found in possession of 3 litres of arrack but he ran away and he could not be arrested. 3. Learned Public Prosecutor submitted that the incident occurred on 21.03.2007, but the petitioner could not be arrested, since he was absconding. The charge sheet is already laid showing that the petitioner as absconding accused. Later, when the warrant was pending, the petitioner surrendered before the court on 25.08.2008 and he is in custody since then. Since investigation is over, he has no objection in granting bail, but stringent conditions may be imposed, since the petitioner is involved in another crime also and he was absconding. Hence, bail is granted to the petitioner on the following terms and conditions: B.A.5841 of 2008 2 (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. for a period of three months. (iii) The petitioner shall not leave the limits of the Excise Range within which the crime is registered except with the prior permission of the court concerned. (iv) The 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 pac