IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 7910 of 2008 -------------------------------------- (CRIME NO. 251/2007 OF MANJESHWAR POLICE STATION) ......... PETITIONER/4TH ACCUSED: ---------------------------------------- JAYARAMA SHETTY, S/O.GANGADHARA SHETTY, CHARLA HOUSE, KULOOR, MANJESHWAR, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. ADDL.SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, KASARAGOD. 2. SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, KASARAGOD. 3. STATE, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7910 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, on 16-8-2007 Excise officials, on information, went to the house of 1st accused and they found that a room is constructed beneath the ground and in that room they found three cans. The cans were empty but from those cans the liquid was drained out and 750 ml. of liquor was received. The said liquor was sent for chemical analysis and it was found to be liquor which contained 36.59% of ethyl alcohol. A case was registered. In the course of investigation, it is also revealed that other accused have supplied the spirit to 1st accused. 3. Petitioner is the 4th accused. He was arrested on 17- 12-2008 and he is in custody since then. It is also submitted that no evidence is collected against accused, except confession statement made by 1st accused. 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. BA 7910/08 -2- 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 while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.