IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 850 of 2008() ---------------------------- CMP.47/2008 of J.M.F.C.-II, CHENGANNUR CR.NO.8/08 OF THE CHENGANNUR EXCISE .................... PETITINER/ACCUSED1 ----------------------------------- DEVARAJAN ,AGED 39 YEARS, S/O.KUTTY SARPATHIL, PENNUKKARA VADAKKUM MURI, ALA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S SRI.XAVIER THOMAS(1009/07) RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 850 OF 2008 ------------------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 2 litres of arrack on 21/1/08. He was arrested and continues in custody from that date. The learned Public Prosecutor submits that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: B.A. No. 850 OF 2008 -: 2 :- (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 learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/