IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 7151 of 2008() ----------------------------- CMP.4805/2008 of J.M.F.C.,ALATHUR CR.NO.42/2008 OF ALATHUR EXCISE RANGE PETITIONER/ ACCUSED --------------------------------------- KANNAN ALIAS SEKHARAN, S/O VELAYUDHAN, NAVILINKULAMBU VEEDU, ERIMAYUR, ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): COMPLAINANT -------------------------- STATE-REP BY EXCISE RANGE OFFICER, KUZHALMANNAM, ALATHUR TALUK, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7151 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November,2008 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner was found carrying arrack in a can on 10-9-2008 and on seeing the Excise officials, he ran away, abandoning the article. The article was found to be 10 litres of arrack and on search of the premises, another 10 litres of arrack were found in the bushes and hence, the case was registered against him. 3. Learned counsel for petitioner submitted that petitioner was not arrested from the spot. He surrendered before the Magistrate Court, after rejection of the anticipatory bail application. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 4. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday and BA 7151/08 -2- Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.