IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Bail Appl..No. 3303 of 2008() ----------------------------- CRIME NO.25/08 OF CHENGANNUR EXCISE RANGE .................... PETITIONER : 2ND ACCUSED: ----------------------------- AJITHKUMAR @ AJITHAN, S/O.KOCHURAMAN, KOLLAMTHARAYIL VEEDU, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE CHENGANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3303 of 2008 ------------------------------------------- Dated this the 13th day of June, 2008 ORDER Petition for bail. 2. Petitioner is the second accused in crime No.25/08 of Chengannur Excise Range registered under Sections 8(1) and (2) of Abkari Act. 3. According to the prosecution, the first accused was found in possession of 1 litre of arrack and second accused was found in possession of 500 ml. of arrack in a plastic bottle. The incident occurred on 28.2.2008. But, the petitioner was arrested on 12.4.2008. He is in custody from that day onwards. 4. Learned counsel for the petitioner submitted that he is in custody for more than 60 days. Hence, in view of Proviso to Section 167(2) of Crl.P.C., he is entitled for bail, since charge sheet was not laid so far. 5. On hearing both sides, bail can be granted to the petitioner on the following terms and conditions: BA No.3303/08 2 (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 and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) In case, the petitioner is involved in offence of similar nature, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl