IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 76 of 2008() --------------------------- CMP.8098/2007 of J.M.F.C.,KATTAKADA CR.NO.45/07 OF KATTAKADA EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- BIJU @ SUNI,S/O. THAMPI, POKKUVILAKATHU PUTHAN VEEDU MANNADIKONAM, MARANALLOOR DESOM MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008 ALONG WITH B.A.NO.81 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.76 and 81 of 2008 ------------------------------------- Dated this the 10th day of January, 2008 ORDER These petitions filed by the common petitioner are for regular bail. The petitioner faces allegations in these crimes under the Kerala Abkari Act. He was allegedly found to be in possession of 3 litres of arrack on 13.06.2007 and 4.5 litres of arrack on 3.11.2007. He was arrested on 03.11.07. He continues in custody from that date. The arrest in the earlier crime has been recorded on 18.12.07. Investigation is not complete. The learned Public Prosecutor submits that the petitioner has no criminal antecedents other than these 2 cases. In the later crime, to which B.A.No.81/08 is related, the petitioner is entitled for bail by default under the proviso to Section 157(2) Cr.P.C also, it is submitted and conceded. 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 granted regular bail in both these cases subject to appropriate terms and conditions. B.A.Nos.76 and 81 of 2008 2 3. In the result, these applications are allowed. The petitioner shall be released on bail on the following terms and conditions. i) In each case, the petitioner shall execute a 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) rtr/-