IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7589 of 2008() ----------------------------- CMP.6220/2008 IN CRIME NO.97/08 OF MAVELIKARA EXCISE RANGE .................... PETITIONER: ACCUSED; ---------------------------- SOMANATHAKURUP, AGED 56 YEARS, S/O.SANKARA PILLAI, KAROOR KIZHAKKATHIL VEEDU, EREZHA THEKKU MURI, PERINGALA VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): COMPLAINANT: --------------------------- 1. EXCISE INSPECTOR, MAVELIKARA RANGE. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7589 of 2008 --------------------------------------------- Dated this the 16th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(i) of Abkari Act. According to prosecution, 600 ml. of Indian made foreign liquor was seized from the possession of petitioner while he was selling the same on 25.11.2008. 3. Learned public prosecutor submitted that petitioner is involved in two other crimes. It is also submitted that he has no objection in granting bail, but, in the Christmas season, it is likely that offence may be repeated and hence, stringent conditions may be imposed while granting bail. On hearing both sides, I am satisfied that bail can be granted to the petitioner, but, stringent conditions have to be imposed. Hence, the following order is passed: (i) 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. BA No.7589/2008 2 (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. to 1 p.m. until further orders. (iii) 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 csl