IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7412 of 2008() ----------------------------- CMP.7089/2008 IN CRIME NO.33/2008 OF AMARAVILA EXCISE RANGE .................... PETITIONER/2ND ACCUSED ------------------------------------------ GIREESH, S/O.THOMAS, KRISHNA BHAVAN, PERUNKADAVILA VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7412 of 2008 --------------------------------------------- Dated this the 9th day of December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2), 55(a) and (g) of Abkari Act. According to prosecution, 70 litres of arrack, 525 litres of wash and other utensils for manufacture of liquor were seized from the house belonging to petitioner's mother. She is accused no.1. Petitioner, as the person in possession of the house, is arrayed as accused no.2. 3. Learned counsel for petitioner submitted that there is no document to prove that the house is in possession of A1 and A2. Petitioner is not residing with the mother, and he is a construction worker, it is submitted. Learned counsel for petitioner also submitted that petitioner is not involved in any other crime, though his mother is involved in another crime of similar nature. 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. BA No.7412/2008 2 Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday 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. The petition is allowed. K.HEMA, JUDGE csl