IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Bail Appl..No. 848 of 2009() ---------------------------- CMP.1613/2009 of J.M.F.C.-II,KOTTARAKKARA CR.NO.17/2009 OF CHADAYAMANGALAM EXCISE RANGE PETITIONER (S): ACCUSED --------------------------- ABDUL SALAM, S/O. RAWTHER PILLAI, CHARUVILA PUTHEN VEEDU, VENKODE CHATHUPPU DESOM, CHITHARA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No.848 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of March, 2009 O R D E R Petitioner is the accused in CR.No.17/2009 of Chadayamangalam Excise Range. Prosecution case is that petitioner was arrested on 10-2-2009 having found in possession of three litres of arrack and thereby he committed offences under sections 8(1) and (2) of the Abkari Act. He was produced before the Magistrate on 11-2-2009 and he is in custody since then. 2. Learned counsel for petitioner submitted that petitioner is not involved in any other offence of this nature and he is in custody from 11-2-2009 onwards and that bail may be granted and he is prepared to abide by any conditions. 3. Learned Public Prosecutor, on instructions, submitted that petitioner is not involved in any other abkari case. 4. Considering the fact that the quantity of arrack seized is only three litres and petitioner is not involved in any other offence under the the Abkari Act and he is in custody from 11-2- 2009 onwards, petitioner is granted bail on the following conditions:- 1) Petitioner shall execute a bond for Rs.10,000/- with two solvent sureties each for the like sum BA 848/09 -2- to the satisfaction of Judicial First Class Magistrate Court-II, Kottarakkara. 2) Petitioner shall appear before the Investigating Officer as and when required. 3) Petitioner shall not intimidate, threaten or influence any witness or commit any offence while on bail. M.Sasidharan Nambiar, Judge. mn.