IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1861 of 2008() ----------------------------- CR NO.26/08 OF CHENGANNUR EXCISE RANGE CMP.737/2008 of J.M.F.C.-II, CHENGANNUR .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- RAJAN, S/O VELAYUDHAN, AGED 54 YEARS, KALOZHATHIL PADEETHATHILL, ALUVA VADAKKUM MURI, ALA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1861 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He is the first accused. Altogether there are two accused persons. They were allegedly found to be in possession of 10 litres of spirit on 28.2.2008. The petitioner was arrested and continues in custody from that date. The petitioner has no history of any criminal antecedents, submits the learned Prosecutor. 2. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer on condition that the Investigators may be granted reasonable further time to complete the investigation and I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. B.A.No. 1861 of 2008 2 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 9.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh 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 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 tm