IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5701 of 2008() ----------------------------- CRIME NO.79/08 OF PATHANAPURAM EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- BIJU S/O. RAVEENDRAN, AGED 38 YEARS, BIJU BHAVANAM, MELEVAZHATHOTTAM DESOM, PATHRIKKAL MURI, MANKOD, PATHANAPURAM. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENT: COMPLAINANT & STATE ------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA 2. THE EXCISE INSPECTOR, RANGE OFFICE, PATHANAPURAM EXCISE RANGE, PATHANAPURAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5701 of 2008 ------------------------------------------------- Dated this the 17th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, petitioner was found in possession of 28 litres of arrack on 25.8.2008. Petitioner was arrested from the spot and he is in custody since then. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. Petitioner has a different version to give regarding the incident and according to learned counsel for the petitioner, petitioner is falsely implicated in the case using contraband articles seized from some where. 4. Learned public prosecutor submitted that the petitioner is not involved in other cases of similar nature and hence, he has no objection in granting bail to the petitioner. Hence, bail is granted to the petitioner on the following terms and conditions: BA No.5701/08 2 (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. (ii) Petitioner shall report before the Investigating Officer on every alternate Monday between 10 a.m. to 1 p.m. until further orders. The petition is allowed. K.HEMA, JUDGE csl