IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6991 of 2007()
1. N.SATHYAN, S/O APPU VAIDHYAN,
... Petitioner
Vs
1. STATE, REPRESENTED BY THE
... Respondent
2. THE EXCISE INSPECTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/11/2007
O R D E R
R. BASANT, J.
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B.A.Nos. 6991 & 7077 of 2007
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Dated this the 23rd day of November, 2007
O R D E R
These applications are filed by the same petitioner. B.A.
6991 of 2007 is an application for regular bail in Crime No.68 of
2007, whereas B.A. 7077 of 2007 is an application for
anticipatory bail in Crime No.45 of 2007, both of Kasaragod
Excise Range. The learned Prosecutor was requested to take
instructions and the learned Prosecutor submits that the petitioner
is in custody in both crimes. Thereupon the learned counsel
prays that B.A. 7077 of 2007 may also be reckoned as an
application for regular bail. In these circumstances I reckon both
these applications as applications for regular bail under Section
439 Cr.P.C.
2. The petitioner was allegedly found to be in possession
of 500 packets, each containing 100 ml. of arrack on 3.8.2007
and 30 such packets on 10.10.2007. The petitioner was arrested
on the date of the latter incident, i.e. 10.10.2007. He was shown
B.A.Nos. 6991 & 7077 of 2007
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as arrested in both the cases and continues in custody thus from
10.10.2007. Petitioner has no history of any criminal antecedents,
except these two cases and in an earlier case in which he has already
been convicted, submits the learned Prosecutor.
3. The learned counsel for the petitioner prays, the learned
Prosecutor does not oppose the said prayer and I am satisfied that the
petitioner, who has remained in custody from 10.10.2007, can now be
enlarged on bail, subject to appropriate conditions.
4. In the result:
1) These applications are allowed.
2) The petitioner shall be released on bail in both cries on the
following terms and conditions.
(a) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) in each case 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.
B.A.Nos. 6991 & 7077 of 2007
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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)
tm Judge