IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 651 of 2008() ---------------------------- CMP.61/2008 of J.M.F.C.-II,KOTTARAKKARA C.R.NO.3 OF 2008 OF EZHUKONE EXCISE RANGE .................... : PETITIONERS/ACCUSED NO. 1 & 2 ---------------------------------------------- 1. SAHADEVAN, S/O. MADHAVAN, KEELAZHIKATHU VEEDU, CHENNAPPARA MURI, ODNAVATTOM VILLAGE, KOTTARAKKARA TALUK. 2. BALAN, S/O. THEVAN, ABHILASH BHAVAN, KALAPPILA MURI, ODANAVATTOM VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY EXCISE - INSPECTOR, EZHUKONE EXCISE RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.651 of 2008 ------------------------------------- Dated this the 4th day of February, 2008 ORDER Application for regular bail. Petitioners face allegations in a crime registered under the Kerala Abkari Act. They were allegedly found to be in possession of 605 litres of wash on 07.01.08. They were arrested and continue in custody from that date. The learned Public Prosecutor points out that the petitioners have no history of any criminal antecedents. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given reasonable further time to complete the investigation and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall not be released on the strength of this order prior to 11.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; B.A.No.651 of 2008 2 ii) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees One lakh 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 and Fridays for a period of 3 months from the date of their release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-