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. 2401 of 2008 -------------------------------------------- CRMP.739/2008 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.20/2008 of THIRUVALLA EXCISE RANGE .................... PETITIONERS/ACCUSED 2 & 3: -------------------------------------------------- 1. SUBHASH, S/O.MAHADEVAN RAMASADANAM (KOCHUPARAMBIL), MADAPPALLY MURI, MADAPPALLY VILLAGE, CHANGANACHERRY. 2. SANEESH, S/O.GEORGEKUTTY ARACKAL VEEDU, MADAPPALLY, CHANGANACHERRY. BY ADV. SRI.SOJAN PAVIYANOSE RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. EXCISE RANGE INSPECTOR, THIRUVALLA EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2401 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R Application for regular bail. The petitioners are accused 2 and 3. They face allegations under the Kerala Abkari Act. They had allegedly committed the offence in respect of 70 litres of spirit. They were arrested and they remain in custody from 3.3.2008. Investigation is not complete. Final report has not been filed. It is unlikely that the final report can be filed by 3.5.2008, submits the learned Prosecutor. By that date the petitioners will be entitled for bail by default under the proviso to Section 167(2) Cr.P.C. In these circumstances this petition can be allowed, submits the learned Prosecutor. 2. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. B.A.No. 2401 of 2008 2 a) The petitioners shall not be released from custody on the strength of this order prior to 3.5.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) 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 be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three 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 tm