IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2438 of 2008() ----------------------------------------- (CRIME NO.57 OF 2007 OF AMARAVILA EXCISE RANGE) PETITIONER/1ST ACCUSED: ---------------------------------------- ANIL KUMAR, S/O. PRABHAKARAN, SUJATHA SADANAM, PARAVOOR, ARYANAD, NEDUMANGAD TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING EXCISE INSPECTOR, AMARAVILA RANGE. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2438 OF 2008 D ```````````````````````````````````````````````````` Dated this the 29th day of April, 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 272 litres of arrack in a car on 16.8.07. He was arrested and continues in custody from 4.3.08. An earlier application for regular bail was dismissed by this Court as per order dated 25.3.08 in BA.1836/08. I have adverted to the facts in detail in the said order. This order must be read in continuation of the said order and I am not, hence, adverting to the facts in any greater detail in this order. 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 time till 4.5.08 to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to BA.2438/08 : 2 : appropriate conditions. 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 4.5.08. 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) aks