IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3553 of 2010() ----------------------------- CMP.1900/2010 of J.M.F.C. - II, MAVELIKKARA .................... (CRIME NO.28/2010 OF NOORANAD EXCISE RANGE, ALAPUZHA) PETITIONER/ACCUSED ---------------------------------- VIJAYAKRISHNAN, S/O.KUNJUPILLAI, PANAYASSERIL, KIZHACKETHIL, THATHAM MUNNA MURI, NOORANADU. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): -------------------- STATE OF KRALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.3553 OF 2010 ----------------------------------- Dated this the 1st day of July, 2010 O R D E R This petition is for bail. 2. The alleged offence is under section 55(a) of Abkari Act. According to prosecution, petitioner was found in possession of 3.250 ml of liquor, in contravention of the provisions of the Act. On seeing the Excise party, petitioner ran away, abandoning the article. The incident happened on 1.5.2010. 3. Learned counsel for petitioner submitted that this is the second application for bail. According to petitioner the Excise party, on an earlier occasion arrested petitioner's brother with 18 litres of Indian Made Foreign Liquor and he informed the officials that this was purchased for the purpose of petitioner. The Excise party came to the house of petitioner and conducted a raid and nothing could be seized from the house, but petitioner was falsely implicated in the case. It is also submitted that the allegation is that the article was found in a bottle having capacity of 2.250 litres, but there is no such bottle available for Indian Made Foreign Liquor. 4. Learned public prosecutor submitted that taking into B.A. No.3553/10 2 consideration the stage of investigation, this petition is not opposed. However, it is pointed out that petitioner is involved in three other cases of similar nature. Hence stringent conditions may be imposed while granting bail, it is submitted. 5. On hearing both sides I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on following conditions: 1) Petitioner shall report before the investigating officer on every Monday, Wednesday and Thursday between 10 AM and 1 PM. 2) In case petitioner is involved in other crime of similar nature, the bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. Sou.