IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 824 of 2008() ---------------------------- CRIME NO.312/07 OF THE PULPALLY POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ LOADING MATHAN @ VARGHESE, S/O. VARGHESE, KUTTIYIDAYIL HOUSE,PADICHIRA AMSOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PULPULLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.824 of 2008 ------------------------------------- Dated this the 14th day of February, 2008 ORDER Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. He had come to this Court earlier for anticipatory bail and this Court by order dated 09.01.2008 in B.A.No.814 of 2007 had rejected the application for anticipatory bail. The petitioner had later surrendered before the learned Magistrate on 22.01.08. The incident had taken place earlier on 21.12.07. A large quantity of Indian Made Foreign Liquor - about 24 litres in 81 bottles were allegedly seized from the possession of the petitioner. The petitioner has no specific explanation to offer for the possession of such a large quantity of Indian Made Foreign Liquor. He takes up a contention that he was not in possession of the contraband article. The petitioner was not present at the scene of the crime also, it is submitted. 2. The learned Public Prosecutor does not oppose the application, but only prays that the the investigator may be given reasonable further time to complete the investigation. 3. I have considered all the relevant inputs. I have already adverted to facts in greater detail in the said order dated B.A.No.824 of 2008 2 09.01.2008 in B.A.No.814 of 2007. Hence it is not necessary for me to advert to facts in any greater detail in this order. This order must be read in continuation of the said order. I am satisfied that the petitioner can be granted regular bail subject to the request of the learned Public Prosecutor that some further time may be granted to the investigator to complete the investigation. 4. 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 22.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand 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 2 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/-