IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 364 of 2009() ---------------------------- CM.12/2009 of J.M.F.C.,KATTAKADA CRIME NO.155/08 OF ARYANADU EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- JOY, S/O.MATHAI, KUNNIL VEEDU, PANNIYODE, ANAKODEMURIYIL, VEERANAKAVU VILLAGE, NEDUMANGADU TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 364 of 2009 ----------------------------------------- Dated this the 27th 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, petitioner was found in possession of 5 litres of arrack on 31.12.2008. She was arrested from the spot and he is in custody since then. 3. Learned Public Prosecutor submitted that petitioner is involved in three other cases of similar nature in the year 2008. Hence, stringent condition may be imposed while granting bail and he has no objection in granting bail to the petitioner, it is submitted. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. iii) Petitioner shall not leave to limits of the police station within which the crime is registered, except with the prior permission of the learned Magistrate. BA.NO.364/09 2 iv). Petitioner 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.