IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Bail Appl..No. 4764 of 2010() --------------------------------------- CMP.6999/2010 of J.M.F.C.-I,NEYYATINKARA (CRIME NO.55/2008 OF AMARAVILA EXCISE RANGE) ............................................ PETITIONER (S):/ACCUSED -------------------------------------- JOHNSON,S/O.CHELLAYAN,AGED 37 YEARS, MELEKKARA PUTHEN VEEDU,EDAKULACHAL, PERUNKADAVILA VILLAGE,NEYYATTINKARA TALUK. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.55/2008 OF AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM). PUBLIC PROSECUTOR M. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No. 4764 OF 2010 ----------------------------------- Dated this the 17th day of August, 2010 O R D E R This petition is for bail. 2. The alleged offence is under section 55 (g) of Abkari Act. According to prosecution, on 9.7.2008, 225 liters of wash was seized from the house of petitioner. Since he was not present in the house, he could not be arrested. 3. Learned counsel for petitioner submitted that petitioner was arrested on 28.6.2010 in connection with another case and formal arrest in this case was recorded on 16.7.2010. Petitioner is in custody for the past 32 days. In the other case, petitioner was granted bail. 4. Learned public prosecutor submitted that stringent conditions may be imposed while granting bail, since petitioner is involved in another crime also of the year 2008. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence the following order is passed: Petitioner shall be released on bail on his B.A. No.4764/10 2 executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the investigating officer on every alternate day between 10 am. and 1 pm. (ii) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. Sou.