IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Bail Appl..No. 3292 of 2008() ----------------------------- CRIME NO. 27/2008 OF THAMARASSERY EXCISE RANGE, KOZHIKODE PETITIONER/ACCUSED ----------------------------------- KOYALI, AGED 76 YEARS, S/O.KUNHIMEESA HAJI, PADATHUMKUZHIYIL, KEDAVOOR VILLAGE. BY ADV. SRI.VINOD SINGH CHERIYAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTING EXCISE INSPECTOR, THAMARASSERY, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3292 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2008 O R D E R Application for bail. 2. The alleged offences are under section 8(1) and (2) of the Abkari Act. The petitioner was allegedly found in possession of 10 litres of illicit arrack on 6-5-2008 and he was arrested on the same day. 3. Learned counsel for the petitioner submitted that petitioner is a parambariya vaidyan and he was in possession of certain medicinal preparations. In support of the contentions, he produced Annexure-A1 to show that he is a practitioner in indigenous medicine. . It is also submitted that he was arrested under the mistaken impression while he was carrying the medicinal preparations. He is aged 76 years and he is in judicial custody from 6-5-2008 onwards. 4. Learned Public Prosecutor submitted that the petitioner is not involved any other offence and hence he is not opposing the application. Hence he is granted bail and the following order is passed: BA 3292/08 -2- The 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 trial court. The petitioner shall not get involved in any offence under the Abkari Act and in case he is involved in any similar offence, the bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.