IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2114 of 2008() ----------------------------- CMP.600/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.37/2007 OF KUTTANAD EXCISE RANGE OFFICE .................... PETITIONER: ACCUSED ------------------------ SUNILKUMAR @ SUNICHAN, AGED 36 YEARS S/O.RAMANKUTTY, UTHUMTHARA HOUSE MAMBUZHAKARIMURI, RAMANKARI VILLAGE WARD NO:IV, ALAPPUZHA. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF EXCISE KUTTANAD EXCISE RANGE OFFICE, KUTTANAD. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2114 of 2008 ---------------------------------------- Dated this the 4th day of April 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 21 litres of arrack on 04/07/2007. He was arrested in some other crime on 29/1/2008. His arrest has been recorded in this crime on 4/2/2008. The petitioner continues in custody from that date. Final report has not been filed so far, reports the learned Public Prosecutor. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer - a period of sixty days having already elapsed and the petitioner being entitled to his indefeasible right to claim bail by default now and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 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.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.2114/08 2 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.2114/08 3 B.A.No.2114/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007