IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Bail Appl..No. 4750 of 2008(A) ----------------------------------------- CMP.9467/2008 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.233/2007 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER./ACCUSED : ---------------------------------- SURESH, S/O. ANANDAN, SURESH BHAVANAM, THEKKUM MURI MEKKU, THAZHAVA, KARUNAGAPPALLY. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN SMT.SURYA SASI RESPONDENTS: STATE AND COMPLAINANT : ----------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4750 OF 2008 ------------------------------ Dated this the 29th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8 (1) and (2) of Abkari Act. The article involved is 30 litres of arrack which was seized from the house of the petitioner in his absence. The arrest of the petitioner was recorded in this case on 24.06.2008 while he was in judicial custody in connection with another crime under section 380 IPC etc. The petitioner is in custody for the past 35 days and hence the petition is not opposed. Hence the 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 the like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. B.A.4750/2008 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