IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1190 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.8005/2007 CRIME NO.54/2007 OF KUMBALA EXCISE RANGE .................... : PETITIONER/FIRST ACCUSED: ------------------------------------------ NARAYANAN @ CHINCHETTY NARAYANAN, AGED 35 YEARS, BARAJ QUARTERS, KOYIPPADI VILLAGE, KUMBALA PANCHAYATH, KASARGOD. BY ADV. SRI.JACOB E SIMON SRI.K.M.FIROZ RESPONDENT: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY THE KUMBALA EXCISE RANGE INSPECTOR, KUMBALA EXCISE ANGE, KUMBALA, KASARGOD,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1190 of 2008 ---------------------------------------- Dated this the 27th day of February 2008 O R D E R Application for regular bail. The petitioner is the third accused. Accused 1 and 2 were found to be in possession of arrack in packets - total of 1850 packets each containing 100 ml. The incident took place on 12/12/2007. It is the case of the prosecution that the contraband liquor was supplied to accused 1 and 2 by the petitioner herein/third accused. The petitioner was arrested in some other crime on 22/1/2008. The petitioner continues in custody from that date. His arrest was recorded in this crime on 25/1/2008. He has one other case also registered against him under the Kerala Abkari Act, 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.1190/08 2 3. In the result, this petition is allowed. The petitioner shall 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 10/03/2008. 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 two 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.1190/08 3 B.A.No.1190/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007