IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Bail Appl..No. 4370 of 2008() (C.R. NO.36/2008 OF KOTHAMANGALAM EXCISE RANGE, ERNAKULAM DISTRICT) ----------------------------- PETITIONER/ACCUSED: ------------------- GEORGE, AGED 55 YEARS, S/O.VARKEY, VENKULATHU HOUSE, POIKA PARTY OFFICEPADY BHAGOM, VADATTUPARA KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.NIREESH MATHEW RESPONDENT/ COMPLAINANT: ------------------------ STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KOTHAMANGALAM EXCISE RANGE, ERNAKULAM DISTRICT. REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4370 of 2008 --------------------------------------- Dated this the 9th day of July, 2008 O R D E R Petition for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. The article involved is Indian made foreign liquor. The incident is on 16.6.2008 and he was arrested on the same day. He is in custody since then. 3. Learned public prosecutor pointed out that the petitioner is involved in another crime of similar nature. But, learned counsel for the petitioner submitted that the he is already acquitted in the said case. In the above circumstances, learned public prosecutor submitted that he has no objection in granting bail on conditions ensuring that he will not repeat the offence. 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.4370/08 2 (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday 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