IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 3488 of 2010() ----------------------------- CRMP.1580/2010 of DISTRICT COURT, PALAKKAD .................................. (CRIME NO. 11/2010 OF PARLI EXCISE RANGE, PALAKKAD) PETITIONERS(S): -------------------------- PREMADAS, AGED 36 YEARS S/O.KANDUNNY, KDAMPIDIPURA VEEDU MUTTIKULANGARA, PUTHUPARIYARAM AMSOM PALAKKAD TALUK. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR,PARLI EXCISE RANGE, PALAKKAD DISTRICT, REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3488 of 2010 ------------------------------------ Dated this the 9th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 55 (a) of the Abkari Act. According to prosecution, on 17.04.2010 petitioner was found in possession of 704 litres of spirit and he was arrested from the spot. 3. Petitioner is in custody for the past 53 days. Charge sheet is not filed so far. Learned counsel for petitioner submitted that the articles were seized from the abandoned property and prosecution case that petitioner was present at the scene is improbable. According to prosecution case itself, the excise officials stopped the vehicle at 200 metres away and they proceeded to stop by walk. So, it is highly improbable that an offender will remain there till officers come to the spot, it is submitted. 4. Taking into consideration the stage of investigation, this petition is not opposed. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: B.A. No. 3488 of 2010 2 Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall appear before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln