IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JULY 2007 / 28TH ASHADHA 1929 Bail Appl..No. 4378 of 2007() ----------------------------- CMP.5166/2007 of J.M.F.C.-I,KOTTARAKKARA [C.R.NO.115/2007 OF KOTTARAKKARA EXCISE RANGE] .................... : PETITIONER/ACCUSED ----------------------------------- UDAYAKUMAR, S/O.JANARDHANAN, PUTHUMANGALATH MELETHIL, PULLAMALA, NEDUVATHOOR VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.4378 of 2007 ---------------------------------------- Dated this the 19th day of July 2007 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 15 litres of arrack on 10/06/2007. He was arrested and continues in custody from that date. The petitioner has to his credit three earlier crimes 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. 3. In the result, this petition is allowed. The petitioner can now 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 31/07/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. B.A.No. 4378 /07 2 ii) He 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 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 // True Copy// PA to Judge B.A.No. 4378 /07 3 B.A.No. 4378 /07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007