IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 320 of 2009() ---------------------------------------- (CRIME NO.62/08 F UDUMPANCHOLA EXCISE RANGE) PETITIONER: -------------------- AJAYAN, AGED 22, S/O. ARJUNAN, RESIDING AT PULLUVILAYIL VEEDU SHOOLAPPARA KARA, PARATHODU VILLAGE, UDUMPANCHOLA TALUK. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S): --------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR UDUMPANCHOLA RANGE, UDUMPANCHOLA. PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 320 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 8(2) and 55(g) of the Abkari Act. According to prosecution, petitioner (A1) along with two others were found engaged in manufacture of arrack on 6-11-2008. Petitioner was arrested from the spot and other two accused ran away. 135 litres of arrack and 15360 litres of wash and utensils were seized under a mahazar and case was registered. 3. Learned counsel for petitioner submitted that petitioner is in custody from 6-11-2008 onwards for the past 78 days and hence, learned Public Prosecutor submits that he has no objection in granting bail but stringent conditions may be imposed. 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 BA 320/09 -2- Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 3) 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.