IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6570 of 2008() ------------------------------------ CRIME NO.18/06 OF PATHANAMTHITTA EXCISE RANGE PETITIONER/2ND ACCUSED : ----------------------------------- SUKESAN, AGED 34 YEARS, S/O. BHASKARAN, RESIDING AT PUMANGALATH HOUSE, ELANTHOOR, KOZHENCHERRY TALUK. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS/COMPLAINANT : -------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BA No.6570/08 1 K.HEMA, J. ------------------------------------------------- B.A.No.6570 of 2008 ------------------------------------------------- Dated this the 24th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, on 6.6.2006, at about 5 p.m., first and the second accused were found dealing with 154.3 litres of spirit in 5 cans. The first accused was arrested from the spot and petitioner is the second accused, who escaped. He was subsequently arrested on 2.9.2008 and he is in custody for the past 52 days. 3. 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. BA No.6570/08 2 (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday 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