IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 500 of 2008() ---------------------------- BA.44/2008 of J.M.F.C.,SULTHANBATHERY CRIME NO.31/08 OF SULTHANBATHERY POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- SIVADASAN, AGED 40 YEARS, S/O.KUMARAN, POTTANCHERIYIL HOUSE, KALLUMUKKU, CHEERAL AMSOM, BATHERY VIA., WAYANAD DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31. 2. SUB INSPECTOR OF POLICE, SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.500 of 2008 ------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 2.5 litres of toddy on 13.01.08 when he was arrested. He was allegedly engaged in the activity of buying toddy from toddy shops and selling the same in retail. The petitioner continues in custody from 13.01.08 onwards. The learned Public Prosecutor submits that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Public 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, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/- 2