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. 1084 of 2008() ----------------------------- CMP.1009/2008 of J.M.F.C.-I, ALAPPUZHA CRIME NO.52/08 OF ALAPUZHA NORTH POLICE STATION. .................... PETITIONER : ----------------- BASHEER, AGED 27 YEARS, S/O.HASSAN PUTHENPURACKAL, THUMPOLI WARD, ALAPPUZHA. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR 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. 1084 OF 2008 ------------------------------------------------- Dated this the 25th day of February, 2008 ORDER Application for regular bail. The petitioner is arrayed as the 1st accused. He faces allegations under the Kerala Abkari Act. The 2nd accused was allegedly found to have 20 litres of spirit in his possession. He was arrested. The petitioner was not available at the scene at all. The interrogation of the 2nd accused furnished information to the police that it was the petitioner who supplied the said spirit to the 2nd accused. Accordingly, the petitioner was arrested on 26/1/08. He continues in custody from that date. After the interrogation of the petitioner, the complicity of A3 and after the interrogation of A3, the complicity of A4 have now been realised. The petitioner continues in custody from 26/1/08. The learned Public Prosecutor reports that the petitioner has no criminal B.A. No. 1084 OF 2008 -: 2 :- antecedents. He is not involved in any other Abkari Act prosecution. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted and conditions imposed and I am satisfied that the petitioner, who has remained in custody from 26/1/08, can now be directed to be released 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 make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/