IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 735 of 2008() ---------------------------- CRMP.434/2008 of J.M.F.C.,CHALAKUDY CRIME NO.1/2008 OF MALA POLICE STATION .................... : PETITIONER/ACCUSED' ------------------------------------ RAJESH, S/O.FRANCIS, AGED 34 YEARS, VALIYAMARATHINKAL, NEAR GOTHURUTHU CHURCH, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY A.P.P., JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY REP. BY S.I. OF POLICE, MALA POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.735 of 2008 ---------------------------------------- Dated this the 8th day of February 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to transport in a jeep 280 litres of arrack along with the co-accused. The vehicle did not stop. It was chased by the police party. Ultimately the petitioner was apprehended. The co-accused took to his heels and could not be arrested. The petitioner was arrested and continues in custody from 01/01/2008. The petitioner has suffered injuries on the date of the incident. He is undergoing treatment now while in custody, submits the learned counsel for the petitioner. The petitioner has no history of any criminal antecedents, 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.735/08 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 20/02/2008. 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.735/08 3 B.A.No.735/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007