IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7498 of 2008(F) -------------------------------------- CMP.5805/2008 of J.M.F.C.,KATTAKADA CRIME NO.72/2008 OF EXCISE RANGE, KATTAKKADA .................... PETITIONER/ACCUSED : ----------------------------- SOBHY, D/O.THANKAMMA, KADUKKARATHALA PUTHEN VEEDU, HANJARAMOOLAYIL, MANNADIKKONAM, MARANALLOOR DESOM, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7498 OF 2008 ------------------------------ Dated this the 12th day of December, 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 5 litres of arrack on 30.10.2008. Petitioner abandoned the article and escaped. 3. Petitioner was arrested on 06.11.2008. Learned counsel for petitioner submitted that this is the second application for bail. 4. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed : (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. B.A.7498 of 2008 2 (ii) Petitioner shall report before 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 pac