IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6629 of 2008() ------------------------------------ CMP.9135/2008 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.53/2008 OF CHADAYAMANGALAM EXCISE RANGE .................... PETITIONER : ---------------- SHAIJU MAMACHAN, AGED 42 YEARS, (PRESENTLY IN CUSTODY), S/O.MAMACHAN, SHAIJU BHAVAN, CHEKKOTTUKONAM, UMMANNOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DIST. BY ADV. SRI.SYAM J SAM SRI.A.R.ARSHAD KHAN RESPONDENT : ----------------- STATE OF KERALA, REPRESENTED BY THE INSPECTOR EXCISE RANGE, CHADAYAMANGALAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6629 OF 2008 ------------------------------ Dated this the 30th day of October, 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, the petitioner (first accused) was found carrying 10 litres of arrack on 08.10.2008 and second accused was also present along with him. He was arrested from the spot. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner but stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions :- (i) The 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.6629 of 2008 2 (ii) The petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii)The 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