IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Bail Appl..No. 4741 of 2010() ----------------------------------- CMP.1863/2010 of J.M.F.C.,KATTAKADA CRIME NO. 49/2010 OF EXCISE RANGE, ARYANADU .................... PETITIONERS/ACCUSED : ---------------------------- 1. SREEJITH S/O. SREENIVASAN, KARTHIKA BHAVAN, THADATHARIKATHU MANOORKKARA VILLAGE, NEDUMANGADU. 2. AJI, S/O. MOHANAN, M.G.BHAVAN, PARUTHIPALLY, KOKKUDIMURY, VILLAGE, NEDUMANGADU. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S.SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 4741 of 2010 ------------------------------------ Dated this the 18th day of August, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 8(2), 65 and 67B of the Abkari Act. According to prosecution, on 29.06.2010 petitioners were found transporting 85 litres of arrack in a Motor Cycle. Petitioners were arrested from the spot. On investigation, it is revealed that it was from third accused, petitioners got the contraband articles. 3. Learned counsel for petitionerS submitted that petitioners are in custody for the past 51 days. Learned Public Prosecutor submitted that second petitioner is not reported to be involved in any other case of similar nature and first accused is involved in one case of similar nature registered in the year 2007. However, he has no objection in granting bail on stringent conditions. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed: B.A. No. 4741 / 2010 2 Petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every day, between 4 P.M. and 7 P.M. ii) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln