IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2135 of 2008() ----------------------------- CRMP.1335/2008 of J.M.F.C.-II,PATHANAMTHITTA C.R.NO.65/04 OF KONNI RANGE .................... : PETITIONER/3RD ACCUSED --------------------------------------- VIJAYAN, S/O.NARAYANAN, PALACHUVATTIL VEEDU, THALAYARA MURI, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE EXCISE INSPECTOR, KONNI EXCISE RANGE 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008 ALONG WITH B.A.NO.2308/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.2135 and 2308 of 2008 ---------------------------------------- Dated this the 10th day of April 2008 O R D E R These applications for regular bail are filed by the common petitioner who faces allegations in both cases under the Kerala Abkari Act. The petitioner was allegedly found to keep in his possession 20 litres of spirit on 06/10/2004 and 2.5 litres of arrack on 27/9/2007. He was arrested on 29/12/2007 in some other cases. He has been produced before court in these cases as per production warrants issued. Thus the petitioner continues in custody from 29/12/2007, even though his arrest has been recorded in these cases later on. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that regular bail can be granted to the petitioner who has remained in custody from 29/12/2007 though his arrest in these cases were recorded only later, subject to appropriate and strict conditions. 3. In the result, these petitions are allowed. The petitioner shall be enlarged on bail on the following terms and conditions: B.A.Nos.2135 & 2308/08 2 i) The petitioner in each case shall execute bond for Rs.50,000/- (Rupees fifty 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 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) jsr B.A.Nos.2135 & 2308/08 3 B.A.Nos.2135 & 2308/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007