IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1659 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.871/2008 Dated 18/02/2008 CRMP.1349/2008 of J.M.F.C.,CHALAKUDY CRIME NO.1/08 OF MALA POLICE STATION .................... : PETITIONER/ACCUSED NO.2 ---------------------------------------- SHAJU, S/O.MADHAVAN, PARAKULAM HOUSE, ALOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ THE 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 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1659 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. He is the 2nd accused. 280 litres of arrack were transported in a car by the accused persons. Co- accused was arrested, but the petitioner took to his heels. He was arrested long later on 22.01.08. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioner submits that the petitioner is innocent. At any rate, the petitioner is entitled for bail by default on 22.03.08. The petitioner may, in these circumstances, be enlarged on bail, it is prayed. 3. The learned Public Prosecutor fairly concedes that the investigation is not complete and there is no prospect of the investigation being completed by 22.03.08. The learned Public Prosecutor, in these circumstances, submits that the petitioner can be granted regular bail subject to appropriate conditions. Investigator may be given the full complement of 60 days to complete the investigation, submits the learned Public Prosecutor. B.A.No.1659 of 2008 2 4. I am satisfied that the petitioner can be granted regular bail subject to conditions. 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 22.03.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner 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; iii) 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 3 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-