IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 765 of 2008() ---------------------------- CMP.10483/2007 of J.M.F.C.-I,KOTTARAKKARA CR.NO.154/2007 OF KOTTARAKARA EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------- THYAGARAJAN @ SWAPALCHANDRAN, S/O.DIVAKARAN, PALAVILAVEEDU, KOLANNOOR MURI, EZHUKONE, KOTTARAKARA. BY ADV. SRI.A.MUHAMMED RAFFI RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, KOTTARAKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008 ALONG WITH B.A.NO.767/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.765 & 767 of 2008 ---------------------------------------- Dated this the 8th day of February 2008 O R D E R Applications for regular bail. The petitioner in these two cases faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 3 litres of arrack on 23/10/2007 and 7 litres of arrack on 09/09/2007. He was arrested and continues in custody from 13/12/2007. His arrest in the earlier crime has been recorded with effect from 29/12/2007. Earlier applications for regular bail filed by the petitioner were dismissed as per common order dated 17/1/2008 in B.A.Nos.250 & 251 of 2008. 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 subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) In each case, he 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. B.A.No.765/07 2 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.No.765/07 3 B.A.No.765/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007