IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 495 of 2008() ---------------------------- CRMP.213/2008 of J.M.F.C.,THIRUVALLA Cr.NO.31/06 OF MALLAPPALLY EXCISE RANGE .................... PETITIONER : 3RD ACCUSED ----------------------------- B.HARIDAS, S/O.BHASKARAN ITTYEKKAL VEEDU,KULATHOOR KAVUMBHAGOM MURI KOTTANGAL VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: CR.PETITIONER ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (EXCISE INSPECTOR,MALLAPPALLY EXCISE RANGE) BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.495 of 2008 ------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for regular bail. Petitioner along with co- accused faces allegations under the Kerala Abkari Act. The petitioner is the licencee in respect of a toddy shop. Accused 1 and 2 are the employees in the toddy shop. In the toddy shop, 10.25 litres of spirit was allegedly available. Accused 1 and 2 were arrested on 04.11.06. The petitioner was not available in the premises. He was arrested on 09.01.08. He continues in custody from that date. The learned Public Prosecutor submits that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. B.A.No.495 of 2008 2 i) The petitioner shall not be released on the strength of this order prior to 08.02.2008. 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/-