IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Bail Appl..No. 4367 of 2008() ----------------------------- CRMP.1486/2008 IN CRIME NO.20/2007 OF KANJIRAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- BINOY, S/O.KUNJUMON, AGED 28 YEARS, KANDATHIL HOUSE, MOOLAKAYAM KARA, EEUMELI SOUTH VILLAGE, KANJIRAPPALLY TALUK. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4367 of 2008 --------------------------------------- Dated this the 11th day of July, 2008 O R D E R Petition for bail. 2. The alleged offences are under Sections 8(1) and (2) of Abkari Act. According to the prosecution, the petitioner was found in possession of 15 litres of arrack. He ran away throwing article on seeing the Excise party. The incident occurred on 18.7.2007. The petitioner was arrested on 19.5.2008. 3. Learned counsel for the petitioner submitted that the petitioner is a hill tribe youth who is totally innocent of the allegations made. He came to know about the allegations and registration of the crime only when he was arrested. Two crimes are registered and he is not involved in the crime, it is submitted. 4. However, taking into consideration the period of detention, learned public prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. 5. Hence, petitioner is granted bail on the following terms and conditions: BA No.4367/08 2 (i) Petitioner shall execute 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 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