IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH DECEMBER 2007 / 16TH AGRAHAYANA 1929 Bail Appl..No. 7582 of 2007() ----------------------------- CRIME NO.296/05 OF POOYAPPALLY POLICE STATION ..... PETITIONERS /ACCUSED 1 & 2 -------------------------------------------- 1. RAJEESH,S/O. GANESH PADINJATTINKRAMELATHIL CHUNGATHARA MURI, UMMANNOOR VILLAGE. 2. SANTHOSH,S/O. GEORGE SANTHOSH BHAVAN, DO..DO... BY ADV. SRI.P.SIVARAJ RESPONDENTS: RESPONDENT -------------------- STATE OF KERALA,REP. BY PUBLIC POROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7582 of 2007 ---------------------------------------- Dated this the 7th day of December 2007 O R D E R Application for regular bail. The petitioners face allegations under the Kerala Abkari Act. They were allegedly found to be in possession of 3 litres of arrack on 10/8/2007. Investigation is complete. Cognizance has already been taken. Final report has already been filed. Committal proceedings is pending before the learned Magistrate. The petitioners came to this court earlier with applications for anticipatory bail. Those petitions were dismissed. Later, on 26/11/2007, they surrendered before the learned Magistrate. They continue in custody from that date, application for bail having been dismissed by the learned Magistrate. 2. The learned counsel for the petitioners 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. 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.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the B.A.No.7582/07 2 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) jsr B.A.No.7582/07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007