IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 753 of 2008() ---------------------------- AGAINST THE ORDER DATED 31/01/2008 IN BP NO.105/2008 IN CP.67/2007 of J.M.F.C.,SULTHANBATHERY .................... PETITIONER/A2 --------------------------- JOY @ MATHEW JOSEPH S/O.JOSEPH, AGED 60 PULICKAL HOUSE, THALAPPALAM,ERATTUPETTA POST, ERATTUPETTA VILLAGE,MEENACHIL TALUK KOTTAYAM DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: COMPLAINANT ------------------------ 1. EXCISE INSPECTOR, S.BATHERY. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 753 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2008 O R D E R Application for regular bail. The petitioner faces indictment in a prosecution under Section 55(a) of the Kerala Abkari Act. He had come to this Court claiming anticipatory bail and by order dt. 12.11.2007 in Crl.M.C. 3399 of 2007 the said petition was dismissed with direction to the petitioner to surrender and seek bail from the learned Magistrate. Accordingly he surrendered on 31.1.2008 and continues in custody from that date. The crux of the allegations is that 540 litres of spirit was being transported by the first accused for and on behalf of the petitioner in a vehicle on 17.12.2007. 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, the final report having already been filed. B.A.No. 753 of 2008 2 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.5,00,000/- (Rupees five lakhs only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) The petitioner shall report before the Investigating Officer between 5 p.m. and 6 p.m. on all Sundays, until the case against him is finally disposed of. (R. BASANT) Judge tm