IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1681 of 2008() ----------------------------- C.R.NO. 40/06 OF IRINJALAKUDA EXCISE RANGE CMP.1590/2008 of J.M.F.C.,IRINJALAKUDA .................... PETITIONER : ACCUSED NO.2: ------------------------------ SHAJU, S/O.PARAKKULAM MADHAVAN, PARAKULAM HOUSE, VELLAMCHIRA DESOM, PORUNNAMKUNNU, ALOOR VILLAGE, MUKUNDAPURAM TALUK, 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. JAY GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1681 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under the Kerala Abkari Act. He is the second accused. Altogether there are three accused persons. The alleged incident took place on 4.12.2006. 2000 litres of wash were allegedly seized. The petitioner allegedly ran away from the scene of the crime and could not be apprehended. His complicity is indicated in the contemporaneous seizure mahazar and the occurrence report. He was arrested in some other case on 22.1.2008 and he continues in custody from that date. The petitioner's arrest in this crime was recorded long later on 26.2.2008. He continues in custody from that date in this crime. Investigation is not complete yet, submits the learned Prosecutor. He further points out that the petitioner has one other crime under the Abkari Act registered against him, in connection with which he was arrested on 22.1.2008. B.A.No. 1681 of 2008 2 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner, who in fact continues in custody from 22.1.2008, though his formal arrest was recorded in this case on 26.2.2008, can now be directed to be enlarged on bail, subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 7.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. B.A.No. 1681 of 2008 3 (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm