IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Bail Appl..No. 384 of 2008(S) ----------------------------- C.R.79/07 OF KATTAKADA EXCISE RANGE PETITIONER/ACCUSED: ------------------------- SAJU, S/O.SASIDHARAN, SAJI NIVAS, ARUVIKKARA, MARANALLOOR DESOM, MARANALLOOR VILLAGE NEYYATTINKARA TALUK. BY ADV. SRI.R.V.SREEJITH RESPONDENTS: COUNTER PETITIONER: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2008, ALONG WITH BA.385/08 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. Nos. 384 and 385 OF 2008 ```````````````````````````````````````````````````` Dated this the 23rd day of January, 2008 O R D E R These applications are for regular bail. The common petitioner faces allegations in two crimes both registered under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 375 litres of wash on 6.11.07 and 10 litres of arrack on 18.6.05. The petitioner surrendered in one case on 17.11.07. His arrest was recorded in the other crime on 18.12.07. He continues in custody from 17.11.07 though his arrest was recorded in the earlier crime only with effect from 18.12.07. 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 be granted regular bail in both crimes subject to appropriate terms and conditions. In respect of the crime relating to 375 litres of wash, the surrender having been taken place on 17.11.07 and the final report having not been filed yet, I am satisfied that BA.384&385/08 : 2 : the petitioner is entitled for bail by default under the proviso to Section 167(2) Cr.P.C. In the other crime, the learned Public Prosecutor fairly concedes that the petitioner can be granted bail subject to appropriate terms and conditions. 3. In the result, these petitions are allowed. The petitioner shall be released on bail in both cases on the following terms and conditions: i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) in each case 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 from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks