IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Bail Appl..No. 785 of 2009() ---------------------------- CMP.173/2009 of J.M.F.C.-I,NEYYATINKARA Cr.NO.52/08 OF THIRUPURAM EXCISE RANGE PETITIONER/ACCUSED (A2) ------------------------------------------- SISUPALAN, S/O.VASU, THURUTHUMOOLA COLONY,AVANAKUZHY,ATHIYANNOOR VILLAGE, NEYYATTINKARA VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 785 of 2009 ----------------------------------------- Dated this the 19th February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, first accused was arrested when he was found in possession of 4 litres of arrack on 7.12.2008. On questioning it was revealed that it was entrusted to him by petitioner and hence a crime was registered under Section 8(2) of the Abkari Act. 3. Petitioner was arrested in connection with another crime no.92 of 2008 on 12.12.2008 and his arrest was recorded in this case was on 23.12.2008. 4. Learned Public Prosecutor submitted that petitioner is involved in three crimes of similar nature. Petitioner is the second accused in the crime. He has completed 58 days of detention and hence he has no objection in granting bail to petitioner, but stringent condition may be imposed, it is submitted. BA.NO.785/09 2 4. On hearing both sides, I am satisfied that bail can be granted to 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, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii) Petitioner shall not leave the limits of the police station within which the crime is registered, except with prior permission of the learned Magistrate. iv). 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.