IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4864 of 2008() (UNDER SECTION 439(1) OF THE CODE OF CRIMINAL PROCEDURE) ----------------------------- (EXCISE CRIME NO.50 OF 2008 OF KAYAMKULAM EXCISE RANGE WITHIN THE JURISDICTION OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,KAYAMKULAM.) PETITIONER/ACCUSED : --------------------- ANI, PUNNAKKACHIRAYIL, KANNAMBALLY BHAGOM MURI, KEERIKADU VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI. A.R. DILEEP SMT. SURYA SASI SMT. KAVITHA GANGADHARAN RESPONDENTS/COMPLAINANT & STATE: --------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM. BY SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4864 OF 2008 ------------------------------ Dated this the 5th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8 (2) of the Kerala Abkari Act. The article involved is 1 ½ litres of illicit arrack. The petitioner was arrested on 19.07.2008 when he was found in possession of the said article and he is in custody since then. 3. Learned Public Prosecutor submitted that the petitioner is not involved in any other crime under the Abkari Act and he has no objection in granting bail to the petitioner on conditions. Hence bail is granted to the petitioner on the following terms and conditions: (i) The 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. (ii) The petitioner shall report before the Investigating B.A.4864/2008 2 Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) The 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 pac