IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 93 of 2009() --------------------------- CMP.9568/2008 of J.M.F.C.-II,NEDUMANGAD CR.NO.88/08 OF NEDUMANGAD EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- 1. SELVARAJAN,S/O.VISWANATHAN @ KACHU, CHARIVILA PUTHEN VEEDU, PALAPPUR CHANALKARA, VELLAYANI DESOM,KALLIYOOR VILLAGE, THIRUVANANTHAPURAM TALUK NOW RESIDING AT PALAYATHINMUKAL PUNARADIVASA COLONY, CHELLAMCODE MURI, NEDUMANAGD TALUK. 2. SUNILKUMAR, S/O.RETNAKARAN, PALAPURA KARSHIKA COLLEGE ILLANKAM VILAKAM VEEDU, VELLAYANI DESOM, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 93 of 2009 ----------------------------------------- Dated this the 14th January, 2009 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 were found in possession of 10 litres of arrack on 24.12.2008. They were arrested from the spot and they are in custody since then. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioners. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners. Hence, bail is granted to the petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. Iii). Petitioners 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.