IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7588 of 2008() ----------------------------- CMP.15893/2008 IN CRIME NO.211/2008 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER : ACCUSED: ---------------------------- BALAGOPALAN, S/O.KRISHNA PILLAI, GOKULAM VEETTIL, MUZHANGODI MURI, KALLELI BHAGAM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR EXCISE RANGE, KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7588 of 2008 --------------------------------------------- Dated this the 16th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, petitioner was found in possession of 7 litres of Indian made foreign liquor and he was arrested from the spot on 29.11.2008. 3. Learned public prosecutor submitted that he has no objection in granting bail, but, stringent conditions may be imposed, since in the Christmas season, it is likely that offence will be repeated. Petitioner may be directed to appear before the Investigating Officer on three times a week, it is submitted. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, bail is granted 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. BA No.7588/2008 2 (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (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