IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH SEPTEMBER 2007 / 19TH BHADRA 1929 Bail Appl..No. 5451 of 2007() ----------------------------- C.R.NO.38 OF 2007 OF KUMBLA EXCISE RANGE : PETITIONER/ACCUSED NO.1 ---------------------------------------- KANNAPPA @ SHEKHARA, AGED 46 YEARS, S/O NARAYANAN, PERNA, KANNUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR,(CR NO.38 OF 2007 OF KUMBLA EXCISE RANGE), KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.5451 of 2007 ------------------------------------- Dated this the 10th day of September, 2007 ORDER Application for regular bail. The petitioner was allegedly found to be in possession of 400 litres of wash on 5.8.07. He could not be arrested. He later surrendered before the learned Magistrate on 9.8.07. He continues in custody from that date. The learned Public Prosecutor submits that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is granted a fortnight's further time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 24.09.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. ii) The petitioner 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; B.A.No.5451 of 2007 2 iii) The petitioner shall make himself available for interrogation before the Investigating Officer from the date of his release between 10 a.m and 12 noon on all Mondays and Fridays for a period of 3 months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-