IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Bail Appl..No. 4328 of 2010() -------------------------------------- CMP.4105/2010 of J.M.F.C.-I, CHENGANNUR .................... CRIME NO.80/08 OF EXCISE RANGE OFFICE, CHENGANNUR ..................... PETITIONER (S):/ACCUSED NO.2 ------------------------------------------- SHIBU, S/O. KUTTAN, THAZHE MANGALAM VEEDU, PERINGILIPPURAM, NORTH MURI, ENNAKKADU VILLAGE. BY ADV. SRI.K.JAYARAJ RESPONDENT(S): COMPLAINANT ------------------------------------------------ KERALA STATE, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHENGANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTORMR. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4328 OF 2010 ----------------------------------- Dated this the 20th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offence is under section 8(2) of Abkari Act. According to prosecution, petitioner (A2) along with first accused were found in possession of 20 litres of arrack on 19.8.2008 at 12 noon. First accused was arrested on the spot. 3. Petitioner was arrested on 24.6.2010. Charge sheet is already laid. He is not required for the purpose of investigation. Petitioner was available in his house, but he was not arrested by Excise officials. He is in custody for the past 26 days. He is not involved in any other crime. 4. This petition is not opposed. Learned public prosecutor submitted that conditions may be imposed while granting bail to petitioner. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the B.A. No.4328/10 2 satisfaction of the learned Magistrate, on following conditions: 1) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM. 2) In case petitioner is involved in other crime of similar nature, the bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. Sou.