IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 478 of 2009(F) ----------------------------------- CR.NO.2/2009 OF KASARGOD EXCISE RANGE PETITIONER/ACCUSED : ---------------------------- K.UMESHAN, AGED 48 YEARS, S/O.BABU POOJARI (LATE) KALLYANI NILAYAM, KELUGUDDE DESSEM, MADHUR VILLAGE KASARAGOD THALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/COMPLAINANT & STATE : -------------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER (CR.NO. 02 OF 2009 OF KASARAGOD EXCISE RANGE KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.478 OF 2009 -------------------------------- Dated this the 2nd day of February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, petitioner was found in possession of 3 litres of Karnataka made arrack (100 ml. x 30 packets) on 12.01.2009 and he was arrested from the spot. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner but, conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : B.A.No.478 of 2009 2 (i) Petitioner shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) 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