IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Bail Appl..No. 7553 of 2008() ----------------------------- CMP.11505/2008 IN CRIME NO.67/08 OF WADAKKANCHERY EXCISE RANGE .................... PETITIONER : ACCUSED IN CUSTODY ------------------------------------------------------- KUNJUMANI @ KUMARAN, S/O.AYYAPPAN KANATHIL HOUSE, ARYAMPADAM DESOM MUNDATHIKODU VILLAGE, THALPPILLY TALUK THRISSUR. BY ADV. SRI.SHOBY K.FRANCIS SRI.AGI SHOBY RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, EXCISE INSPECTOR WADAKKANCHERRY EXCISE RANG, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KREALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7553 of 2008 --------------------------------------------- Dated this the 15th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, petitioner was found in possession of 5 litres of arrack on 27.11.2008 and he was arrested from the spot. He is in custody since then. 3. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on stringent conditions. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute 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 a.m. to 1 p.m. until further orders. BA No.7553/2008 2 (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl