IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Bail Appl..No. 6167 of 2008() ----------------------------------- CMP.4334/2008 of J.M.F.C.-I, HARIPAD CRIME NO.102/2008 OF KARTHIKAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED NO.1 : ------------------------------------ PRASAD, 40 YEARS, S/O.DAMODARAN SARANYA BHAVANAM, MUTHUKULAM NORTH MURI, ARATTUPUZHA VILLAGE KARTHIKAPPALLY TALUK. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6167 OF 2008 ------------------------------ Dated this the 3rd day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2) and 55(g) of Abkari Act. According to prosecution, petitioner along with another person were found in possession of 140 litres of wash, 2 litres of arrack and an amount of Rs.1,010/- on 03.09.2008. He was arrested on the same day. 3. Learned Public Prosecutor submitted that the charge sheet has not been filed and hence the petitioner is entitled for bail by default but stringent conditions may be imposed, it is submitted. Hence, bail is granted to the petitioner on the following terms and conditions :- (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. B.A.6167 of 2008 2 (ii) The 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)The 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 pac