IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2055 of 2008() ----------------------------- CMP.1206/2008 of J.M.F.C.-I,NEDUMANGAD CR.NO.27/2008 OF ARYANAD EXCISE RANGE .................... : PETITIONER/ACCUSED 1 & 2 ----------------------------------------- 1. AJAYAN @ KANNAN, S/O.SISUPALAN, PIRAPPANCODE VEEDU, ARYANAD, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. 2. BINU, S/O.SAIMON, KIZHANGUVILA KUNNIL, ATTARIKATHU VEEDU, AYYAPPANKUZHI, PUTHUKULANGARA MURI, UZHAMALAKKAL VILLAGE, NEDUMANGAD TALUK, AT PONNEDUTHA THONDAL PUTHEN VEEDU, KONNIYOOR MURI, PEERUMKULAM VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2055 of 2008 ---------------------------------------- Dated this the 4th day of April 2008 O R D E R This is the second application for regular bail. The petitioners face allegations under the Kerala Abkari Act. The petitioners were allegedly found to be in possession of 20 litres of spirit and 70 litres of arrack on 12/02/2008. They were arrested and continue in custody from that date. I have adverted to facts in detail in the order dated 18/3/2008 in B.A.No.1557/2008 rejecting the earlier application for regular bail. 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. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is given the full complement of sixty days from the date of arrest to complete the investigation and I am satisfied that regular bail can be granted to the petitioners subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions: B.A.No.2055/08 2 i) The petitioners shall not be released on bail on the strength of this order prior to 12/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) They shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves 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 their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.2055/08 3 B.A.No.2055/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007