IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 5128 of 2008() ----------------------------- CMP.2555/2008 of J.M.F.C.-II, HARIPAD C.RNo.56/08 OF KAYAMKULAM EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- AJITH, ASWATHI BHAVAN, PUTHIYAVILA MURI, KEERIKKADU VILLAGE, KARTHIKAPALLI. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: COMPLAINANT ------------------------ STATE REPRESENTED BY EXCISE INSPECTOR, KAYAMKULAM, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5128 of 2008 ----------------------------------------- Dated this the 18th August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. The article seized from petitioner is 600 ml of arrack. Petitioner was arrested on 29.7.2008 when he was found pouring arrack from one bottle to another in possession of the second accused. From the possession of the petitioner, 600 ml of arrack was seized, but other person ran away abandoning the bottle containing 800 ml of arrack. 3. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: i) 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) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.