IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6188 of 2008() ----------------------------- CMP.3603/2008 IN CRIME NO.180/08 OF MAVOOR POLICE STATION .................... PETITIONER (S): ACCUSED: ---------------------------- P.K.RAJAN, S/O.RAMAN, PANCHIKULANGARA HOUSE, ERIMALA, P.O.NAIRKUZHI, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION, MAVOOR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6188 of 2008 ------------------------------------------------- Dated this the 6th 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 was found engaged in distilling of arrack and 5 litres of arrack, wash and utensils for manufacture of liquor were seized from his possession. He ran away and his wife was arrested from the spot. 3. Petitioner filed an application for anticipatory bail before this Court and as per order dated 16.9.2008 in B.A.No. 5643/08, petitioner was directed to surrender before the Investigating Officer. Accordingly, he surrendered before the Investigating Officer on 23.9.2008 and he was remanded to custody by the learned Magistrate on the same day. Learned counsel for the petitioner submitted that the petitioner is a heart patient and he is still under treatment. BA No.6188/08 2 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. 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 Sunday 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