IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7262 of 2008() ----------------------------- CRIME NO.36/2006 OF AMARAVILA EXCISE RANGE .................... PETITIONER/ ACCUSED (IN CUSTODY) ---------------------------------------------------- RAMABHADRAN, S/O CHENTHAMARAKSHA PANICKER, AGED 54 YEARS, CANALARIKATHU VEEDU, MARAYAMUTTOM, PERUNKADAVILA, NEYYATTINKARA, TRIVANDRUM. BY ADV. SMT.VIJAYAKUMARI RESPONDENT(S): STATE/ COMPLAINANT --------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, AMARAVILA EXCHANGE RANGE, AMARAVILA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7262 of 2008 --------------------------------------------- Dated this the 28th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(1), 55(a) and (g) of Abkari Act. According to prosecution, petitioner (A1) along with two others were found engaged in distillation of illicit arrack. From their possession, 2.5 litres of arrack and 7.5 litres of wash were seized along with utensils, used for manufacture of liquor. Second and third accused were arrested from the spot and petitioner ran way. 3. The incident occurred on 7.7.2006 and petitioner was arrested on 5.11.2008. Learned public prosecutor submitted that he has no objection in granting bail, but, stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute bond for Rs.25,000/- with two BA No.7262/2008 2 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 alternate day between 10 a.m. to 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