IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5837 of 2008() ----------------------------- CMP.2293/2008 of MUNSIFF-MAGISTRATE COURT, PAYYOLI CRIME NO.186/08 OF MEPPAYUR POLICE STATION PETITIONER/ACCUSED ----------------------------------- BALAN, S/O.KANNAN, AGED 52 YEARS, PUTHUSSERI HOUSE, IRINGATH.P.O, KOZHUKKALLOOR, KOYILANDY TALUK, KOZHIKODE DIST. BY ADV. SRI.P.ABDUL JALEEL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE MEPPAYUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5837 of 2008 ----------------------------------------- Dated this the 16th September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, 2.7 litres of Indian made foreign liquor were seized from the shop of the petitioner. He was arrested on 2.9.2008, on the date of occurrence itself. 3. Learned counsel for petitioner submitted that the possession of Indian made foreign liquor of 2.7 litres will only attract offence under Section 63 of the Abkari Act. 3. 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 AM and 1 PM until further orders. iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.