IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 262 of 2009() ---------------------------- CMP.9239/2008 of J.M.F.C.-I, CHENGANNUR .................... (CRIME NO.113/2008 OF CHENGANNUR EXCISE RANGE) PETITIONER/ACCUSED NO.1(IN CUSTODY): ------------------------------------------------------------------- KESAVAN, AGED 50, S/O. THEVAN, MEENATHETHIL PURAYIL, VENMONY PADINJATTUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, CHENGANNUR EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No.262 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, one litre of arrack was seized from the house of petitioner on 20-11-2008. Petitioner's wife who was present in the house at that time was arrayed as 2nd accused and petitioner was arrayed as 1st accused. 3. Petitioner surrendered before the court on 31-12-2008 and he is in custody since then. 4. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 6. 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 and Thursday between 10 a.m. and 1 p.m. until further orders. BA 262/2009 -2- 2) Petitioner shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.