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. 5674 of 2008() ----------------------------- (CR.NO.32/2007 OF BALAUSSERY EXCISE RANGE) PETITIONER/ ACCUSED NO.2: ------------------------------ SUMESH, S/O.SUNDARAN, AGED 24 YEARS, PINDAMNEEKKIMEETHAL HOUSE, AVIDANALLOOR AMSOM DESOM, KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, BALUSSERY EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5674 of 2008 ------------------------------------------------ Dated this the 16th day of September, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. Petitioner is the 2nd accused in the crime. Petitioner along with another person were found transporting 70 litres of illicit arrack on a motor cycle on 8.8.2007. The arrest of the petitioner was recorded on 14.8.2008 and he is in custody since then. 4. Learned Public Prosecutor submitted that petitioner was not available for arrest after the occurrence, but he was involved in another crime of Koilandy Police Station and he was taken into custody in that crime. While he was in custody, the arrest in this case was recorded on 14.8.2008. It is also submitted that he has no objection in granting bail to the petitioner but stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: [B.A. No. 5674/08] 2 i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall not commit any offence while on bail and, in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. Sd/- K. HEMA, JUDGE. Krs.