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. 4375 of 2007() ----------------------------- CMP.2341/2007 of J.M.F.C.-I, ALUVA CRIME NO.785/2007 OF ALUVA POLICE STATION] [ACCUSED IN CUSTODY] .................... PETITIONERS/2ND ACCUSED/5TH ACCUSED ----------------------------------------------------- 1. KRISHNAKUMAR @ KRISHNAN, AGED 41, S/O. RAMAKRISHNA PILLAI, KATTIKKODATH VEEDU, NEAR NALUCENT COLONY, KOTTAPURAM KARA, KOTTAPURAM VILLAGE. 2. ROBIN VARGHESE, S/O. SANDHAVU, AGED 28, KALTHERI VEEDU, KOTTAPURAM KARA, ALANGADU VILLAGE. BY ADV. SRI.P.JACOB VARGHESE SRI.VIVEK VARGHESE P.J. RESPONDENTS: ------------- STATE OF KERALA, REP. BY S.I. OF POLICE, ALUVA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE 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.4375 of 2007 ---------------------------------------- Dated this the 19th day of July 2007 O R D E R Application for regular bail. The petitioners are accused 2 and 5. They face allegations under the Kerala Abkari Act. 3905 litres of spirit was allegedly transported and attempted to be unloaded on 16/5/2007. Unloading was in the premises of the second accused and the fifth accused was engaged in the act of unloading. The petitioners were arrested on 27/5/2007. They continue in custody from that date. The petitioners have no criminal antecedents, submits the learned Public Prosecutor. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said application on condition that the investigating officers are granted time till 27/7/2007 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 can now be enlarged on bail on the following terms and conditions: B.A.No.4375/07 2 i) The petitioners shall not be released on bail on the strength of this order prior to 27/07/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) They shall execute bonds for Rs.2,00,000/- (Rupees two lakhs 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,Wednesdays and Fridays for a period of three months 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.4375/07 3 B.A.No.4375/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007