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. 5136 of 2008() ----------------------------- MP.NO.12064/2008 of J.M.F.C.-I,THRISSUR .................... PETITIONER : ACCUSED (IN CUSTODY) -------------------------------------------------- MAHESH, AGED 20, S/O. MOHANAN, MOORTHATTIL HOUSE, CHALISSERY VILLAGE, CHALISSERY KUNNATHUPARAMBIL DESOM, OTTAPPALAM TALUK, PALAKKAD. BY ADV. SRI.M.G.DEVIPRASADAN RESPONDENT: COMPLAINANT ------------------------------------------ STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF EXCISE, KOLAZHY EXCISE RANGE, TRICHUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5136 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 8(2) of Abkari Act. Petitioner, who is a 20 year old boy, was arrested on 29.7.2008, when he was allegedly found in possession of 10 litres of arrack. Petitioner is the first accused. Petitioner was found on a motor cycle which was ridden by the second accused and the can containing arrack was kept in between the first and the second accused. Second accused ran away from the scene and petitioner was arrested from the spot. 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.5136/08 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