IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 7266 of 2008() 1. HARI PRASAD, ... Petitioner Vs 1. STATE OF KERALA, REP. BY THE EXCISE ... Respondent For Petitioner :SRI.V.MANOJ KUMAR For Respondent :PUBLIC PROSECUTOR The Hon'ble MRS. Justice K.HEMA Dated :28/11/2008 O R D E R K.HEMA, J. ------------------------------------------ B.A. Nos.7266 & 7272 OF 2008 ------------------------------------------ Dated this the 28th day of November, 2008 O R D E R
These petitions are for bail.
2. Petitioner in B.A.No.7266 of 2008 is first accused and
petitioner in B.A.No.7272 of 2008 is second accused in the
same crime. The alleged offences are under Sections 8(2) and
55(g) of Abkari Act. According to prosecution, petitioners were
found in possession of 70 litres of wash and 2 litres of arrack.
Those articles were seized from their house while they were
not present in the house.
3. Learned counsel for petitioners submitted that
petitioners surrendered before the Magistrate court on
06.11.2008 and they are in custody since then.
4. Learned Public Prosecutor submitted that he has no
objection in granting bail on conditions.
Hence, bail is granted to the petitioners on the following
terms and conditions :
(i) Petitioners shall execute a bond for Rs.25,000/-
each with two solvent sureties each for like
B.A.Nos.7266 & 7272 of 2008
2sum to the satisfaction of the Magistrate court
concerned.
(ii) Petitioners shall report before Investigating
Officer on every Monday and Thursday
between 10 a.m. and 1 p.m. until further
orders.
(iii) Petitioners shall not commit any offence while
on bail and in case of breach of this condition,
bail is liable to be cancelled.
The petitions are allowed.
K.HEMA, JUDGE
pac