IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Bail Appl..No. 4234 of 2008() -------------------------------------- CRMP.2941/2008 of J.M.F.C.-I, HARIPAD CRIME NO.30/2008 OF EXCISE RANGE, KAYAMKULAM .................... PETITIONER/ACCUSED : ---------------------------------- SANTHOSH KUMAR, S/O. UTHAMAN ANUKATHUKAVIL, PUTHIYAVILA MURI, KANDALLOOR VILLAGE, KARTHIKAPALLY TALUK. BY ADV. SRI.S.MOHANAN RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4234 of 2008 ------------------------------------------- Dated this the 3rd day of July, 2008 ORDER This petition is for bail. 2. The alleged offences are under Sections 8(1) and (2) of Abkari Act. According to the prosecution, he was found in possession of 1.5 litres of arrack on 15.06.2008. He was arrested on the same day and he is in custody from that day onwards. 3. Learned counsel for the petitioner submitted that the petitioner had a fall in jail and he sustained a fracture on his leg and he is on plaster cast. He finds it difficult to be in jail and hence, taking into consideration his physical state, bail may be granted, it is submitted. 4. Learned public prosecutor pointed out that the petitioner is an accused in other similar cases. But, taking into consideration the physical state of the petitioner, this petition is not opposed. Hence, bail is granted to the petitioner on the following terms and conditions: BA No.4234/08 2 (i) The petitioner shall execute a bond for Rs.Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. In addition to the sureties, a close relative of the petitioner shall also execute bond for the same amount whether he or she is solvent or not. (ii) Petitioner shall report before the Investigating Officer as and when directed. (iii) Petitioner shall not leave the limits of the Excise Range within which the case is registered except with the prior permission of the learned Magistrate. (iv) Petitioner shall not commit any offence of similar nature while on bail and in case, there is violation of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl