IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Bail Appl..No. 4118 of 2008() ----------------------------- CRIME NO.35/2008 OF PATHANAMTHITTA EXCISE RANGE .................... PETITIONER : ACCUSED --------------------------- NARAYANAN, AGED 61 YEARS S/O. THEVAN, NISHA BHAVAN, ULLANNOOR MURI KULANADA VILLAGE, KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4118 of 2008 ------------------------------------------- Dated this the 27th day of June, 2008 ORDER This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. The article involved is 140 litres of wash. Petitioner surrendered on 17.5.2008 and the alleged occurrence is on 13.5.2008. 3. The petitioner is in custody for the past 40 days and he is not involved in any other offence and hence, learned public prosecutor submitted that he has no objection in granting bail to the petitioner. Hence, bail is granted to the petitioner on the following terms and conditions: (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. (ii) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. BA No.4118/08 2 (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