IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 4805 of 2008() ----------------------------- CMP.4284/2008 of J.M.F.C.,NEDUMKANDOM (CRIME NO.43/2008 OF UDUMBANCHOLA EXCISE RANGE) PETITIONER/ACCUSED: ----------------- K.A.VARGHESE @ VAKKACHAN, S/O ABRAHAM, KOCHUKUNNEL HOUSE, CHOOLPPARA KARA,PARATHODE VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 43 OF 2008 OF UDUMBANCHOLA EXCISE RANGE.). BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4805 of 2008 ----------------------------------------------- Dated this the 14th day of August, 2008. ORDER Petition for bail. 2.The alleged offence is under Section 55(g) of the Kerala Abkari Act. 2000 litres of wash was seized from the property belonging to the petitioner on 17.7.2008 and the petitioner was arrested on the same day. 3. Learned counsel for the petitioner submitted that the petitioner is aged 70 years. He was arrested on 17.7.2008 and he is in custody since then. He is absolutely innocent of the allegations made. 4. Learned Public Prosecutor submitted that no other crime is registered against the petitioner under the Abkari Act and this is the first offence committed by him and hence he has no objection in granting bail on conditions. [B.A.4805/08] 2 Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall not commit any offence while on bail and, in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs. [B.A.4805/08] 3