IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1595 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.564/2008 Dated 01/02/2008 CMP.540/2008 of J.M.F.C.,NADAPURAM CRIME NO.27/06 OF NADAPURAM EXCISE RANGE. .................... PETITIONER --------------------------- CHEMBRAMMAL SREEDHARAN, KUNHIPARAMBATH HOUSE, NIDUMPARAMBU P.O., KALLACHI VIA., KOZHIKODE DISTRICT, PIN-673 506. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY EXCISE RANGE OFFICE, NADAPURAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 1595 of 2008 ------------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for regular bail. The petitioner is arrayed as the 1st accused in a crime and he faces allegations under the Kerala Abkari Act. 770 litres of Wash was allegedly seized from the possession of the petitioner as well as two others on 29/8/08. All the accused persons ran away. Two of them were subsequently apprehended. They have already been enlarged on bail. The petitioner had come to this Court with a prayer for grant of anticipatory bail and by order dated 15/2/08 in B.A.No.564/08 the said application was dismissed. The petitioner later surrendered before the learned Magistrate on 16/2/08. He continues in custody from that date. The learned Public Prosecutor reports that the petitioner has no history of any criminal antecedents. 2. In the absence of opposition, it is not necessary for B.A. NO. 1595 of 2008 -: 2 :- me to advert to the facts in detail in this order. Facts have already been adverted to in detail in the earlier order dated 15/2/08 referred above. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. 4. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 24/3/08. The Investigator 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. (iii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays B.A. NO. 1595 of 2008 -: 3 :- 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) Nan/