IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD NOVEMBER 2007 / 2ND AGRAHAYANA 1929 Bail Appl..No. 6991 of 2007() ----------------------------- CRIME NO.68/07 OF KASARAGOD EXCISE RANGE CMP.5018/2007 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED ----------------------------------- N.SATHYAN, S/O APPU VAIDHYAN, DWARAKA NAGAR, KASARGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR, KASARGODE. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2007, ALONG WITH BA NO. 7077 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 6991 & 7077 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2007 O R D E R These applications are filed by the same petitioner. B.A. 6991 of 2007 is an application for regular bail in Crime No.68 of 2007, whereas B.A. 7077 of 2007 is an application for anticipatory bail in Crime No.45 of 2007, both of Kasaragod Excise Range. The learned Prosecutor was requested to take instructions and the learned Prosecutor submits that the petitioner is in custody in both crimes. Thereupon the learned counsel prays that B.A. 7077 of 2007 may also be reckoned as an application for regular bail. In these circumstances I reckon both these applications as applications for regular bail under Section 439 Cr.P.C. 2. The petitioner was allegedly found to be in possession of 500 packets, each containing 100 ml. of arrack on 3.8.2007 and 30 such packets on 10.10.2007. The petitioner was arrested on the date of the latter incident, i.e. 10.10.2007. He was shown B.A.Nos. 6991 & 7077 of 2007 2 as arrested in both the cases and continues in custody thus from 10.10.2007. Petitioner has no history of any criminal antecedents, except these two cases and in an earlier case in which he has already been convicted, submits the learned Prosecutor. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, who has remained in custody from 10.10.2007, can now be enlarged on bail, subject to appropriate conditions. 4. In the result: 1) These applications are allowed. 2) The petitioner shall be released on bail in both cries on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) in each case with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. B.A.Nos. 6991 & 7077 of 2007 3 and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) tm Judge