IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 719 of 2009() ---------------------------- CMP.421/2009 of J.M.F.C.,KASARAGOD .................... (CR.NO.4/2009 OF BADIADKA EXCISE RANGE) PETITIONER (S): ACCUSED: ------------------------------------------ DAMODARAN.M, S/O.NARAYANAN K (LATE) MULIYAR HOUSE, MULIYAR DESAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, BADIADKA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 719 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 58 of the Abkari Act. According to prosecution, on 30-1-2009 petitioner was found in possession of ten bottles of Indian Made Foreign Liquor, each containing 180 ml. (1.8 litres in total), which is intended for sale only in Goa. Petitioner was arrested from the spot. 3. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not commit any offence BA 719/2009 -2- while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.