IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 28 of 2009() --------------------------- MP.18912/2008 of J.M.F.C.-I,THRISSUR CR.NO.19/2008 OF KOLAZHY EXCISE RANGE PETITIONER/ACCUSED (IN CUSTODY) -------------------------------------------------- THOBIAS, AGED 38 YEARS, S/O.THOMAS, BRAHMAKULAM HOUSE, P.O.KUTTUR, KUNNATHUPEEDIKA, THRISSUR DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KOLAZHY EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 28 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 12th day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(i) of the Abkari Act. According to prosecution, on 10-12-2008 petitioner was found engaged in sale of Indian Made Foreign Liquor and from his possession 1.750 litres of Indian Made Foreign Liquor were seized. Petitioner was arrested from the spot. 3. Learned Public Prosecutor pointed out that petitioner is involved in another case in the year 2008 and hence, stringent conditions may be imposed while granting bail. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, 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 satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not commit any offence BA 28/08 -2- while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.