IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4269 of 2008() ----------------------------- CMP.2476/2008 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 37/2008 OF EZHUKONE EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- SURESH, S/O. KUNJUKUNJU, CHARUVILAYAIL VEEDU, OTHIRAMUKAL MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKKARA. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4269 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 8(1) and (2) of the Abkari Act. According to the prosecution, the petitioner was found in possession of six litres of arrack on 20-3-2008 at about 12.30 p.m. 3. The petitioner was arrested on 10-5-2008 in connection with another crime and his arrest in this case was recorded on 28-5-2008 while he was in custody. According to the learned counsel for the petitioner, a false case is foisted against the petitioner and he is falsely implicated in the offence while he was in custody. Learned Public Prosecutor submitted that he has no objection in granting bail on stringent conditions. 3. The petitioner is granted bail on the following terms and conditions:- 1. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial First Class-I, Kottarakara. BA 4269/08 -2- 2. The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 3. The petitioner shall not leave the limits of the excise range within which the crime is registered except with the prior permission of the learned Magistrate. 4. The petitioner shall not commit any offence while on bail and in case of violation of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.