IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 31 of 2008(A) ---------------------------- CRIME NO.294/07 OF KASBA POLICE STATIOIN, PALAKKAD CMP.4538/2007 of J.M.F.C.-I,PALAKKAD .................... PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. ANIL KUMAR, S/O. KUMARAN, AGED 30 YEARS, CHITTEDATH HOUSE, SANTHIPURAM, KODUNGALLUR, THRISSUR DISTRICT. 2. RATHEESH BABU, S/O. BABU, AGED 30, EDAYAMAKODE LAKSHAM VEEDU, THRIPALLIMANGALAM, EZHUKON, THRISSUR DISTRICT. BY ADV. DR.V.N.SANKARJEE SRI.C.P.PRADEEP RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, KASBA POLICE STATION, PUDUSSERY, PALAKKAD. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 31 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008 O R D E R Application for regular bail. The petitioners face allegations under the Kerala Abkari Act. They were allegedly found to be in possession of 420 litres of spirit. They were arrested on 6.11.2007 and continue in custody from that date. Investigation is complete. Final report has already been filed also. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. B.A.No. 31 of 2008 2 (a) The petitioners shall execute bonds for Rs.2,00,000/- (Rupees two lakhs only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer between 5 p.m. and 6 p.m. on the first Mondays of all English calender months until the case against them is finally disposed of. © They shall surrender their passports, if any, before the learned Magistrate. If they have no passports, affidavits to that effect shall be filed before the learned Magistrate. (d) They shall not leave the State of Kerala without the prior permission of the learned Magistrate until the case against them is disposed of. (R. BASANT) Judge tm