IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6774 of 2008() ----------------------------- CP.248/2007 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.266/08 OF EZHUKONE POLICE STATION PETITIONER/ACCUSED -------------------------------------- SIVAPRASAD, S/O.RAGHAVAN, AYANIMOOTTIL VEEDU, PUDUMANKARA, KAITHACODE MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUPBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6774 of 2008 ----------------------------------------- Dated this the 4th November, 2008 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, petitioner was found in selling arrack on 7.8.2008 and 1 litre of arrack was seized from his possession. 3. Learned counsel for petitioner submitted that petitioner has surrendered before the court below on 14.10.2008 knowing that a case is registered against him. Though the allegation is that he had committed offence on 7.8.2008, he was not arrested from the spot. Petitioner is a farmer, he is available at his address and he was not aware of pendency of the case and that is why he did not appear before the court, it is submitted. 3. Learned Public Prosecutor submitted that petitioner was absconding. Charge sheet was laid as early as on 23.10.2008 and warrant was issued against petitioner. 4. On hearing both sides, taking into account the fact that petitioner had surrendered before the court, I find that bail can be granted to petitioner on stringent conditions. 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. BA.6774/08 2 ii) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM until further orders. Petition is allowed. K.HEMA, JUDGE vgs.