IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 6040 of 2008(D) ----------------------------- CMP.4326/2008 OF J.M.F.C.,NEDUMKANDAM CRIME NO.108/2008 OF KUMBAMMETTU POLICE STATION. .................... PETITIONER/ACCUSED NO.3 : ------------------------------------------- SHAJI, S/O.JOSEPH, THOPPIL HOUSE, KOCHARA KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, - IDUKKI DT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS/ COMPLAINANTS: ------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KUMBAMMETTU POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6040 OF 2008 ------------------------------ Dated this the 25th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to the prosecution, the petitioner along with 6 others were found in possession of 120 litres of arrack and also 5800 litres of wash. The petitioner surrendered before the Magistrate Court on 22.07.2008. The charge sheet is not yet filed. 3. Learned Public Prosecutor conceded that the petitioner is entitled for bail by default. But it is submitted that conditions may be imposed while granting bail. Hence, bail is granted to the petitioner 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. B.A.6040 of 2008 2 (ii) The petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. (iv) 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