IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 13TH JULY 2007 / 22ND ASHADHA 1929 Bail Appl..No. 4336 of 2007() ----------------------------- CRIME NO.37/07 OF KUTTANAD EXCISE RANGE PETITIONER/ACCUSED A-2 --------------------------------------- REGI, S/O VARGHESE, PUTHENPURACKAL HOUSE, KANGAZHA DESOM, KOTTAYAM DISTRICT. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.JOSWIN THAMBI KUNNATH RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE RANGE OFFICER, EXCISE OFFICE, KUTTANAD. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4336 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2007 O R D E R Application for regular bail. Allegations are raised under the Kerala Abkari Act. The petitioner is the second accused. He, along with the co-accused/A1, was allegedly found to be in possession of 21 litres of arrack on 4.7.2007. He was arrested and continues in custody from that date. The learned Prosecutor points out that there is no record of any criminal antecedents against the petitioner. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not seriously oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. B.A.No. 4336 of 2007 2 (a) The petitioner shall not be released from custody on the strength of this order prior to 23.7.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm