IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND AUGUST 2007 / 31ST SRAVANA 1929 Bail Appl..No. 5102 of 2007() ----------------------------- CRIME NO. 207/07 OF SANTHAMPARA POLICE STATION CMP.2007/2007 of J.M.F.C.,NEDUMKANDOM .................... PETITIONER/2ND ACCUSED --------------------------------------- JOHNY, S/O UNNUNNI, KAVUMPATTU HOUSE, POOPPARA KARA, POOPPARA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, SANTHAMPARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5102 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August, 2007 O R D E R Application for regular bail. The petitioner is the second accused. Allegations are raised under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 20 litres of arrack along with the co-accused on 17.7.2007. He was arrested on 26.7.21007 and he continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not seriously 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: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. B.A.No. 5102 of 2007 2 (b) 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 three months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. © The petitioner shall not be released from custody on the strength of this order prior to 25.9.2007. (R. BASANT) Judge tm