IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Bail Appl..No. 3897 of 2010() ----------------------------- CR.NO.41/2010 OF KATHIKAPALLY EXCISE RANGE, ALAPPUZHA. (S): PETITIONER/ACCUSED -------------------------------------- RAJAN.D,PUTHIYA VEETTIL,MUTTOM MURI, CHEPPAD VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE EXCISE INSPECTOR,EXCISE RANGE OFFICE,KARTHIKAPALLY THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3897 of 2010 ---------------------------------------------- Dated 29th June, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Kerala Abkari Act. According to prosecution, on 17.6.2010 at about 5.30 p.m., petitioner was found in possession of 4 litres of illicit arrack. He was arrested from the spot. 3. Petitioner is in custody for the past 12 days. Learned counsel for petitioner submitted that petitioner is suffering from liver disease and his physical condition is very bad. He needs regular medication and treatment. Annexure A1 is the discharge summary issued by the doctor, wherein it is recorded that he is having chronic liver disease – Cirrhosis with de- compensation – Grade I Hepatic Encephalopathy. 4. Taking into consideration the physical condition of petitioner, this petition is not opposed. Learned Public Prosecutor submitted that petitioner is involved in four other similar crimes and hence, stringent conditions may be imposed. 5. On hearing both sides, I find that bail can be BA NO.3897/10 2 granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 4 p.m. and 7 p.m. until further orders. (ii) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs