IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Bail Appl..No. 3770 of 2010() ----------------------------- CMP.3986/2010 of J.M.F.C.,KASARAGOD .................... (CR.NO.22/2008 OF BANDADKA EXCISE RANGE) PETITIONER (S): ACCUSED NOS. 2 & 3: ----------------------------------------------------------- 1. PAVITHRAN, AGED 24 YEARS (A2), S/O.KRISHNAN, MANIMOOLA, RAMANADUKKAM, BANDADKA VILLAGE, KASARAGOD TALUK. 2. MADHU, AGED 26 YEARS (A3), S/O.KAVERI @ MADHAVAN, MANIMOOLA, RAMANADUKKAM, BANDADKA VILLAGE, KASARAGOD TALUK. BY ADVS. SRI.T.B.SHAJIMON, SMT.GOVINDU P.RENUKADEVI. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, BANDADKA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3770 of 2010 ------------------------------------ Dated this the 2nd day of July, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, on 24.09.2008 at about 3 P.M., petitioners (A2 and A3) along with first accused were found in possession of a quantity of 30 litres of arrack. Petitioners ran away and first accused was arrested from the spot. 3. Petitioners were arrested on 03.06.2010 and they are in custody for the past 29 days. The second accused was independently in possession of 20 litres of arrack and third accused was having 5 litres of arrack. 4. This petition is not opposed. Learned Public Prosecutor submitted that no other crime is registered against petitioners. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence the following order is passed: B.A. No. 3770 / 2010 2 Petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln