IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Bail Appl..No. 5520 of 2008(F) -------------------------------------- CMP.7188/2008 of J.M.F.C.-I,NEDUMANGAD CRIME NO.95/2008 OF ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED : ----------------------------- SHIBU, S/O CHANDRAMOHAN, KALAYIL PUTHEN VEEDU, THONDAMKULATHU, KOKKOTTELA, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5520 OF 2008 ------------------------------ Dated this the 4th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2), 65 & 67 (B) of the Kerala Abkari Act. According to the prosecution, the petitioner was found transiting 35 litres of arrack on 08.08.2008 and he was arrested on the same day. Petitioner is in custody from 08.08.2008 onwards. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner but stringent conditions may be imposed. Hence, petitioner is granted bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. B.A.5520/08 2 (iii) The petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac