IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 536 of 2008() ---------------------------- CMP.7849/2007 of J.M.F.C.,THIRUVALLA CRIME NO.144/2007 OF PERUMPETTY POLICE STATION .................... PETITIONER/ACCUSED: ------------------------- ANIL KUMAR, S/O.SANKARANARAYANAN, NARAKATHINAMKUZHI VEEDU, THUNDIYAPPARA KOTTANGAL VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE SUB INSPECTOR, PERUMPETTY POLICE STATION. 2. STATE OF KERALA, 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 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.536 of 2008 ---------------------------------------- Dated this the 30th day of January 2008 O R D E R Second application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 34 litres of spirit on 07/12/2007. He was arrested and continues in custody from that date. The petitioner has six other crimes registered against him already under the Kerala Abkari Act, submits the learned Public Prosecutor. 2. Earlier application for regular bail filed by the petitioner was dismissed as per order dated 08/01/2008 in B.A.No.8127/2007. The petitioner has moved this court again for bail as enabled by the observations in the said order. Investigation is not complete. Final report has not been filed. On and after 4/2/2008, the petitioner shall be entitled for bail by default if the final report is not filed by then. There is no prospect of the final report being filed by 04/02/2008, submits the learned Public Prosecutor. I am satisfied, in these circumstances, that the petitioner can be granted regular bail subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: B.A.No.536/08 2 i) The petitioner shall not be released on bail on the strength of this order prior to 04/02/2008. 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 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.536/08 3 B.A.No.536/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007