IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1118 of 2008() ----------------------------- AGAINST THE ORDER DATED 13/02/2008 IN CMP. 793 /2008 IN CP.27/2007 of J.M.F.C.,KATTAKADA CRIME NO.27/07 OF THE KATTAKKADA EXCISE RANGE. .................... PETITIONER/1ST ACCUSED --------------------------------------- AJAYAKUMAR @ PODIYAN, S/O. VASUDEVAN NAIR, KATTUVILA PUTHEN VEEDU, VELIYAMKODE P.O., MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.1118 OF 2008 ------------------------------------------------- Dated this the 25th day of February, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The alleged offence was committed on 5/10/04. Four liters of arrack as also utensils for distillation were allegedly kept in his possession by the petitioner. Investigation is now complete. Final report has already been filed. The petitioner was never arrested at the crime stage or later. The petitioner had not entered appearance. Coercive processes were hence issued against the petitioner. The petitioner has, at last, surrendered on 13/2/08. The petitioner continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards are insisted to ensure that the petitioner shall be available for trial and I am satisfied B.A. No.1118 OF 2008 -: 2 :- that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) 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 the satisfaction of the learned Magistrate. (ii) The petitioner shall surrender his passport, if any, before the learned Magistrate. If he has no passport issued in his favour, he shall file an affidavit to that effect. (iii) The petitioner shall until the case against him is disposed of, report before the S.H.O., Malayinkil Police Station between 5 p.m and 6 p.m. on the first and third Sundays of all English calendar months. (R. BASANT, JUDGE) Nan/ B.A. No.1118 OF 2008 -: 3 :-