IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 7176 of 2008() ----------------------------- CMP.7005/2008 of J.M.F.C.-I,NEYYATINKARA CRIME NO.656/08 OF NEYYATTINKARA POLICE STATION PETITIONERS/ACCUSED:- ----------------------------------------- 1. SHIBU, S/O. APPU, PATTAKUDY VEEDU, BACK SIDE OF KUMUKINCODE PANCHAYATH OFFICE, ATHIYANNOOR VILLAGE. 2. SELVARAJ, S/O. SAMUEL, EDATHUMMOOLA COLONY VEEDU, AVANAKUZHY, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7176 of 2008 ----------------------------------------- Dated this the 26th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, petitioners (accused 1 and 2) were found engaged in sale of arrack. From the possession of first accused, 2.5 litres of arrack were seized and from the second accused, 2 litres of arrack were seized. Other articles were also seized. Petitioner was arrested from the spot on 6.11.2008 and he is in custody since then. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner. 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. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. Iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.