IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1339 of 2008() ----------------------------- CRLMC.238/2008 of DISTRICT COURT, THRISSUR C.R. 399/06 OF CHALAKUDY POLICE STATION .................... PETITIONER/ACCUSED NO.5 ---------------------------------------- DAVIS @ UDUMBU DAVIS, S/O.THOMAKUTTY, PULLOKKARAN HOUSE, KUTTICHIRA. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1339 OF 2008 B ```````````````````````````````````````````````````` Dated this the 4th day of March, 2008 O R D E R Application for regular bail. Petitioner is the 5th accused. The petitioner was allegedly responsible for the transportation of 120 litres of arrack by accused Nos.1 and 2. The petitioner was arrested on 23.1.08. He continues in custody from that date. The petitioner has no history of any criminal antecedents, submits the learned Public Prosecutor. Eventhough allegations under sections 307 and 332 IPC are raised against the other accused, as against the petitioner only the allegation under the Kerala Abkari Act is relevant, submits the learned Public Prosecutor. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. BA.1339/08 : 2 : 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks