IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH SEPTEMBER 2007 / 29TH BHADRA 1929 Bail Appl..No. 5644 of 2007() ----------------------------- CMP.5767/2007 of J.M.F.C.-II,NEDUMANGAD CRIME NO.194/2007 OF VITHURA POLICE STATION .................... : PETITIONER/3RD ACCUSED ------------------------------------------ MADHAVAN @ AMITTAN, S/O MALLAN @ MATAN, VANATHI VEEDU, KALLUPARA, KALIYICKAL, KOTTAKKEKOM MURI, VITHURA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.5644 of 2007 ------------------------------------- Dated this the 20th day of September, 2007 ORDER Application for regular bail. The petitioner faces allegation under the Kerala Abkari Act. He was allegedly found to be engaged in the activity of illicit distillation of arrack on 18.07.07. 200 litres of wash and 5 litres of arrack were seized. The petitioner was arrested on 28.07.07. He continues in custody from that date. The learned Public Prosecutor submits that the petitioner has no history of any criminal antecedents. 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 can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.75,000/- (Rupees Seventy five thousand 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 B.A.No.5644 of 2007 2 Mondays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-