IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 449 of 2008() ---------------------------- CRMP.7572/2007 of J.M.F.C., ADOOR CRIME NO.872/07 OF THE ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT. .................... PETITIONER : ACCUSED NO.1: ------------------------------ JAYAKUMAR, S/O.PADMANABHAN, MUKALUVILA VADAKKETHIL VEEDU, KADAMPANAD NORTH MURI, KADAMPANAD VILLAGE. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 449 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly involved in the transportation of 350 litres of spirit on 17.10.2007. He has been arrayed as the first accused. He was arrested on 26.11.2007 and he continues in custody from that date. Investigation is not complete. Final report has not been filed yet. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be granted regular bail by default under the proviso to Section 167 Cr.P.C. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. B.A.No. 449 of 2008 2 (a) 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 be satisfaction of the learned Magistrate. (b) He 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 tm