IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 Bail Appl..No. 5908 of 2007() ----------------------------- C.R.NO.36/07 OF KUNNAMANGALAM EXCISE RANGE CMP.4054/2007 of J.M.F.C.,KUNNAMANGALAM .................... PETITIONER/IST ACCUSED --------------------------------------- NADEER, S/O.MUNEER, VADAKKEPUTHUKUDY, KUNHIPALLY, KOROTH ROAD, VADAKARA TALUK, AZHIYOOR DESOM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE EXCISE INSPECTOR, KUNNAMANGALAM. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5908 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2007 O R D E R Application for regular bail. The petitioner, along with the co- accused, was allegedly found to be in possession of 67.50 litres of IMFL on 18.8.2007. The petitioner was arrested and he continues in custody from that date. The petitioner has no history of any criminal antecedents, submits the learned Prosecutor. The co-accused, who was also arrested along with the petitioner, has already been released from custody subject to appropriate conditions as per order dt. 17.9.07 in B.A. 5570 of 2007. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not 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. B.A.No. 5908 of 2007 2 (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (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 two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm