IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 243 of 2008() ---------------------------- CMP.85/2008 of J.M.F.C.,KASARAGOD CR.NO.29/2007 OF BADIADKA EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- K.CHANDRAN, S/O KRISHNAN NAIR, AGED 38 YEARS, PAYOLAM KANATHUR, MULIYAR VILLAGE. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.243 of 2008 ---------------------------------------- Dated this the 17th day of January 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 104 packets of Karnataka arrack each containing 100 ml. The detection was on 10/8/2007. The petitioner was arrested on 2/1/2008 and continues in custody from that date. He has no history of any criminal antecedents, submits the learned Public Prosecutor. 2. The learned counsel for the petitioner submits, the learned Public Prosecutor does not controvert that submission and it is seen from a letter issued by the member of the local Panchayat that the petitioner's father had expired after he was taken into custody. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that regular bail can be granted to the petitioner subject to appropriate conditions. B.A.No.243/07 2 4. 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) jsr B.A.No.243/07 3 B.A.No.243/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007