IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 8TH OCTOBER 2007 / 16TH ASWINA 1929 Bail Appl..No. 6104 of 2007() ----------------------------- CMP.2921/2007 of J.M.F.C., RAMANKARI [CRIME NO.50/07 OF KUTTANAD EXCISE RANGE] .................... : PETITIONER/ACCUSED ----------------------------------- PRAKASH, S/O VASU, KOLLAYIL VEEDU, VELIYANADUMURI, VELIYANADU VILLAGE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUTTANAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.6104 of 2007 ---------------------------------------- Dated this the 8th day of October 2007 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 50 litres of wash and utensils for distillation. He was allegedly found engaging himself in the act of illicit distillation. Seeing the excise party, he allegedly took to his heels. The incident took place on 23/8/2007. The petitioner could not be arrested. The seizure mahazer and the occurrence report show the complicity of the petitioner. The petitioner surrendered before the learned Magistrate later on 25/9/2007. He continues in custody from that date. He has no history of any criminal antecedents, submits the learned Public Prosecutor. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. B.A.No.6104 /07 2 3. In the result, this petition is allowed. The petitioner can now be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 22/10/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) 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. 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 three 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) jsr B.A.No.6104 /07 3 B.A.No.6104 /07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007