IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 7324 of 2008() ----------------------------- CR.NO.53/2008 OF CHADAYAMANGALAM EXCISE RANGE PETITIONER/ACCUSED:- ------------------------------ BIJU, AGED 32 YEARS, S/O.DANIEL, MOTTAKKATTU THEKKETHIL VEEDU, VILANGARA MURI, UMMANOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM SRI.A.R.ARSHAD KHAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE INSPECTOR EXCISE RANGE, CHADAYAMANGALAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7324 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December,2008 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, 1st accused was found in possession of ten litres of arrack on 8-10-2008 and he was arrested from the spot. On questioning him, he disclosed that the arrack was given to him by petitioner. Hence, petitioner is also arrayed as 2nd accused. 3. Petitioner surrendered before the Magistrate Court on 12-11-2008 and he is in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 4. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not commit any offence BA 7324/08 -2- while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.