IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 5944 of 2008() ----------------------------- CMP.4681/2008 of J.M.F.C.-I,NEYYATINKARA CRIME NO.235/2008 OF NEYYATINKARA POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- 1. ARUNKUMAR @ ANI, AGED 22 YEARS, S/O.MOHANAKUMAR, VADAKKE ANNAVILAKATHU VEEDU, BACKSIDE OF RAMESWARAM TEMPLE, ERUMPIL DESOM, NEYYATTINKARA. 2. RATHEESH, AGED 21 YEARS, S/O.VENU, ANNAVILAKAM VEEDU, AMARAVILA, NEYYATTINKARA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5944 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September,2008 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, petitioners were found transporting 350 litres of arrack on 11-5-2008, but they ran away from the scene. First accused was arrested on 9-8-2008, 2nd accused was arrested on 11-8-2008 and they are in custody since then. 3. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. 4. Hence, petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. BA 5944/2008 2 2) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.