IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 5125 of 2008() ----------------------------- CMP.3156/2008 of J.M.F.C., KAYAMKULAM. EXCISE CRIME NO.58 OG 2008 OF KAYAMKULAM EXCISE RANGE. .................... PETITIONER/ACCUSED: ------------------- MADANAMOHANAN, ARUN BHAVANAM, PERINGALA MURI, KRISHNAPURAM VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5125 OF 2008 ------------------------------ Dated this the 18th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(1) of the Kerala Abkari Act. According to the prosecution on 31/07/2008 at about 1.40 p.m., petitioner was found selling foreign liquor in contravention of the provisions of the Abkari Act, in front of one pan shop and 13 liters and 600 ml of Indian made foreign liquor was seized from him and he was arrested on the same day and he is in custody since then. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner on conditions, since the petitioner is not involved in any other crime under the Abkari Act. 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 the like sum to the B.A. No.5125 OF 2008 2 satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before the Investigating Officer on every Monday and Thursday 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 scm