IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Bail Appl..No. 5366 of 2008() ----------------------------- (CR.NO.26/2003 OF KAZHAKUTTAM EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT) PETITIONER/ACCUSED NO.2 : ----------------- MURALI @ VENGODE MURALI, S/O.SUDHAKRAN, KALIYIKKALA VEEDU, VENGODE, MELTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAZHAKUTTAM, THIRUVANANTHAPURAM DISTSRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUKLAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/08/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 5366 of 2008 ----------------------------------------------- Dated this the 20th day of August, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 58 of the Kerala Abkari Act. According to prosecution, first accsued was found in possession of 5 bottles, each contains 750 ml., of Indian made foreign liquor (total 3.75 litres) and he was arrested. On questioning he informed that the article was purchased from the petitioner and he is implicated as the 2nd accused in the crime. 3. The petitioner was arrested on 7.8.2008 in connection with another crime and his arrest was recorded in this crime on 14.8.2008. He is in custody since then. Learned counsel for the petitioner submitted that the learned Magistrate observed that the petitioner was absconding but, according to the petitioner, he was not aware of the pendency of the present crime against him and he had no intention to abscond. 3. Learned Public Prosecutor submitted that 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) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. [B.A.5366/08] 2 ii) Petitioner shall report before the Investigating Officer on every Saturday between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall not commit any offence while on bail and, in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.