IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 401 of 2008(U) ----------------------------- CP.136/2006 of J.M.F.C.-III, PUNALUR O.R.25/2001 OF THE EXCISE RANGE OFFICE, PATHANAPURAM .................... : PETITIONER/ACCUSED NO.1 ---------------------------------------- UTHAMAN, S/O.KRISHNAN, PUTHENKALEEYCKAL HOUSE, KADASSERRY, PIRAVANTHOOR. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.401 of 2008 ---------------------------------------- Dated this the 24th day of January 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. There are altogether two accused persons. He is the first accused. The crux of the allegations against the accused persons is that on 28/2/2004, they had kept 3,200 litres of wash in their possession in a forest. When the excise party detected the crime, the petitioners were not available; but they gathered information that the petitioners had kept the articles and had run away from the scene of the crime. The alleged incident took place on 28/2/2004. Investigation commenced. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner surrendered on 10/01/2008. He continues in custody from that date, his application for regular bail having been dismissed by the learned Magistrate. 2. The learned counsel for the petitioner prays and the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted to ensure that the petitioner who is at large from Feb 2004 shall be available for trial before the trial court. I am satisfied that the petitioner can be granted bail. B.A.No.401/08 2 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) He shall execute a bond for Rs.3,00,000/- (Rupees three lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. In the circumstances of the case, the learned Magistrate must scrupulously ensure that the sureties offered are sufficient and solvent and the petitioner shall be available for trial. ii) The petitioner shall report before the investigating officer of the excise range, Pathanapuram between 5 p.m and 6 p.m on the first and third Mondays of all English Calender months until the case against him is finally disposed of. (R.BASANT, JUDGE) jsr B.A.No.401/08 3 B.A.No.401/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007