IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH APRIL 2007 / 27TH CHAITHRA 1929 Bail Appl..No. 2299 of 2007() C.R.NO.2299 OF 2007 OF KAYAMKULAM EXCISE RANGE CMP.578/2007 of J.M.F.C.-II, HARIPAD PETITIONER/ACCUSED(IN CUSTODY) ----------------------------------------------- KUNJUMON, AGED 52 YEARS, S/O KUTTY, KUTTISSERRIL VEEDU, PATHIYOORKKALAMURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: CR.PETITIONER -------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTORSRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------------- B.A. NO. 2299 OF 2007 --------------------------------- Dated this the 17th day of April, 2007 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. 2. The petitioner is the accused in C.R.No.30 of 2007, Kayamkulam Excise Range. The offence alleged against him is under Section 8(i) and 8(ii) of the Abkari Act. 3. The petitioner moved an application for bail before the Court of Judicial Magistrate of the First Class-II, Haripad, but the same was dismissed by the order dated 22.3.2007. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned counsel for the petitioner that the petitioner is in continued detention from 19.3.2007. B.A.NO. 2299 OF 2007 :: 2 :: The prosecution case is that the petitioner was found in possession of about two litres of arrack. In the facts and circumstances of the case, I am inclined to grant bail to the petitioner. The petitioner shall be released on bail on condition that he executes a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class - II, Haripad. (K.T.SANKARAN) Judge ahz/