IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 Bail Appl..No. 3589 of 2008() --------------------------------------- CRIME NO.10/2008 OF AGALI EXCISE RANGE .... PETITIONER/ACCUSED ----------------------------------- SANTHOSH, S/O.SIVARAMAN NAIR, AGED 36 YEARS, POYYANAMPUZHA HOUSE, KALLAMALA VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, AGALI EXCISE RANGE, AGALI, MANNARKKAD. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3589 OF 2008 ----------------------------------- Dated this the 11th day of June, 2008. O R D E R This is a petition for bail. 2. According to the prosecution, the petitioner allegedly kept 2 litres of illicit arrack in a bottle concealed in the cattle shed attached to the house of the petitioner. A crime was registered under Sections 8(1) and (2) of the Kerala Abkari Act. 3. Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations made. Nothing was seized from the house of the petitioner though search was made there. The incident occurred on 13.03.2008 and the petitioner surrendered before the court on 13.05.2008, and he is in judicial custody since then. 4. Learned Public Prosecutor pointed out that there is another crime registered against the petitioner in the year 2005. Three years have elapsed and now he is involved in another crime. However, learned Public Prosecutor submitted that he has no objection in granting bail, provided it is ensured that the petitioner does not repeat the offence, by imposing sufficient conditions. B.A. No. 3589/08 2 On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, the petitioner is granted bail on the following terms and conditions: 1) Petitioner shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. 2) Petitioner shall report before the Investigating Officer on every alternate day between 10a.m and 1p.m for a period of one month and thereafter on every Monday and Thursday between 10a.m to 1p.m until further orders. 3) Petitioner shall not leave the limits of the police station within which the incident occurred except with the permission of the Magistrate court concerned. 4) In case the petitioner is involved in any offence of similar nature while on bail, the bail is liable to the canceled. This petition is allowed. K. HEMA, JUDGE. smp