IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1748 of 2008() ----------------------------- CRIME NO. 10/08 OF S. BATHERY EXCISE RANGE BP.153/2008 of J.M.F.C.,SULTHANBATHERY .................... PETITIONER : ACCUSED: ------------------------- VARGHESE, S/O.KURIYAKOSE, AGED 51, ADAMARKKATTIL HOUSE, MURIYANKUNNU, MUTHANGA, NOOLPUZHA, S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. EXCISE RANGE INSPECTOR, S.BATHERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1748 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 130 litres of wash on 11.2.2008. He was arrested and he continues in custody from that date, his application for regular bail having been dismissed once earlier by this Court as per order dt. 3.2.2008 in B.A.1291 of 2008. The learned Prosecutor reports that the petitioner has one other case also under the Abkari Act registered against him. 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 granted regular subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. B.A.No. 1748 of 2008 2 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) 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. and 12 noon 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