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. 832 of 2008() ---------------------------- BP.61/2008 of J.M.F.C.,SULTHANBATHERY CR.NO.6/08 OF SULTHANBATHERY EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- K.N.SIJU, S/O.KOCHU NARAYANAN, KUNNATHSSERY HOUSE, MUKKUTHIKKUNNU, NOOLPUZHA VILLAGE, S.BATHERY, WAYANAD. BY ADV. SRI.RAFFEEKH.K RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, SULTHAN BATHERY EXCISE RANGE, SULTHAN BATHERY, WAYANAD. BY PUBLIC PROSECUTOR SRI.S.U.NAZER 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.832 of 2008 ---------------------------------------- Dated this the 13th day of February 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 5 litres of arrack on 13/1/2008. He was arrested and continues in custody from that date. There was another case registered against the petitioner under the Kerala Abkari Act; but he was found not guilty and acquitted, 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. 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 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. /07 2 B.A.No. /07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007