IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 16TH OCTOBER 2007 / 24TH ASWINA 1929 Bail Appl..No. 6178 of 2007() ----------------------------- CMP.3987/2007 of J.M.F.C.,KASARAGOD [CRIME NO.246/2007 OF MANJESHWAR POLICE STATION] .................... PETITIONER/1ST ACCUSED: ----------------- MUSTHAFA,S/O.UMMER,OTAMKALA (HOUSE), KOTALAMOGARU GRAMAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.6178 of 2007 ---------------------------------------- Dated this the 16th day of October 2007 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 11,995 x 100 ml of arrack on 13/08/2007. He was arrested and continues in custody from that date. Final report has not been filed so far. 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 is now entitled for bail by default under the proviso to Section 167(2) Cr.P.C 3. In the result, this petition is allowed. The petitioner can now be enlarged on bail on the following terms and conditions: i) He shall execute a bond for Rs.2,00,000/- (Rupees two lakhs 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, Wednesdays and Fridays for a period of three months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No. /07 2 B.A.No. /07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007