IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Bail Appl..No. 2490 of 2008() ------------------------------------------ (CRIME NO.129/2007 OF ARTHUNKIAL POLICE STATION) PETITINER/5TH ACCUSED: --------------------------------------- ROCHEN @ VARGHESE, S/O.OUSEPH, KAKKARY HOUSE, ARTHUNKAL P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.K.RONALD JOSE RESPONDENTS: STATE AND COMPLAINANT: ------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ARTHUNKAL POLICE STATION, CHERTHALA, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. -------------------------------- Bail Application No.2490 of 2008 -------------------------------- Dated this the 18th day of April, 2008 O R D E R The petitioner is the fifth accused in crime No.129/2007 of Arthunkal police station for the offence punishable under Section 8(1) of the Abkari Act. The allegation against him is that the petitioner, along with the other accused, was found in possession of 750 ml of illicit arrack on 26/8/2007 at about 8.15 p.m. It is submitted by the learned counsel for the petitioner that the other accused were already arrested and were enlarged on bail. The learned Public Prosecutor submits that the investigation is already over. 2. In the above circumstances, I am of the view of that the custody of the petitioner need not be necessary in the above crime and thus I am inclined to allow this petition. 3. In the result, there will be a direction to the second respondent to release the petitioner on bail on his executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like sum to the satisfaction of the concerned J.F.C.M. 4. This order will be in force for a period of two months. In the meanwhile, the petitioner shall appear before the J.F.C.M Cherthala and seek regular bail. V.K.MOHANAN, JUDGE. jsr